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DEANGELO v. SOUZA

SCPW-22-0000607.

520 P.3d 253 (2022)

Scott David DEANGELO, Petitioner, v. The Honorable Kevin A. SOUZA, Judge of the Circuit Court of the First Circuit, State of Hawai`i, Respondent Judge. and State of Hawai`i, Respondent.

Supreme Court of Hawai`i.

November 17, 2022.

Attorney(s) appearing for the Case

Jon N. Ikenaga for petitioner.

Anna Ishikawa ( Loren J. Thomas , Honolulu, and Steven S. Tsushima on the briefs) for respondent.

RECKTENWALD, C.J., NAKAYAMA, MCKENNA, WILSON, AND EDDINS, JJ.

This petition for an extraordinary writ challenges the constitutionality of Hawai`i Rules of Penal Procedure (HRPP) Rule 12(g).

Rule 12(g) allows a judge who dismisses a case based on a "defect in the institution of the prosecution or in the charge" to order the defendant held for a "specified time" while...

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