Office of Disciplinary Counsel v. Smith

We granted petitioner-appellant State of Hawaiis (the prosecution) petition for a writ of certiorari to review the decision of the Intermediate Court of Appeals (ICA) in In re John Doe, 91 Hawai`i 147, 981 P.2d 704 (App.1998) [hereinafter the "ICAs opinion"]. In Doe, minor John Doe (Doe) appealed the family courts January 11, 1993 order denying his motion for reconsideration of orders denying his motions to suppress and to dismiss for violation of a speedy trial and adjudging him a law violator for the unauthorized control of a propelled vehicle (UCPV), in violation of Hawai`i Revised Statutes (HRS) § 708-836 (1985). The ICA affirmed the family courts denial of Does motion to dismiss on speedy trial grounds, but reversed the denial of Does motion to suppress on the basis that the police failed to notify Does mother pursuant to HRS § 571-31 (Supp.1992). In particular, the ICA held: