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STATE v. TIERNEY

No. SCWC-29939.

277 P.3d 251 (2012)

127 Haw. 157

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Michael C. TIERNEY, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

May 7, 2012.

Attorney(s) appearing for the Case

Jack Schweigert, for petitioner/defendant-appellant.

Brian Vincent, Deputy Prosecuting Attorney, for respondent/plaintiff-appellee.

ACOBA, DUFFY, and McKENNA, JJ.; with NAKAYAMA, J., dissenting, with whom RECKTENWALD, C.J., joins.

Opinion of the Court by ACOBA, J.

We hold that when a court orders an examination to determine whether a defendant is fit to proceed to trial pursuant to Hawai`i Revised Statutes (HRS) § 704-404(1), and the defendant refuses to cooperate with the examiner, the examiner must produce a report of the examination that expressly states whether "such unwillingness of the defendant was the result of physical or mental disease, disorder, or defect," if possible. HRS...

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