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STATE v. TUI

SCWC-15-0000387.

382 P.3d 274 (2016)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Joseph TUI, Jr., Respondent/Defendant-Appellee, Director of Health, Department of Health, State of Hawai`i, Petitioner/Real Party-in-Interest-Respondent/Appellant.

Supreme Court of Hawai`i.

October 10, 2016.

Attorney(s) appearing for the Case

Debbie L. Tanakaya for petitioner

Nelson W.S. Goo for respondent Tui, Jr.

Scott M. Spallina for respondent State

RECKTENWALD, C.J., NAKAYAMA, McKENNA, AND POLLACK, JJ., AND CIRCUIT JUDGE AYABE IN PLACE OF WILSON, J., RECUSED

I. Introduction

This case arises from a dispute regarding whether, under Hawai`i Revised Statutes ("HRS") chapter 704,1 custody of a defendant deemed unfit to proceed due to mental disease or disorder2 can be transferred from the Director of Health...

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