The Law Center moved to unseal records in a case pending before the Hawaii Supreme Court, State v. Abion, No. SCWC-18-600, that raises questions regarding who is entitled to rely on a mental competency defense in criminal cases.  The circuit court sealed the underlying forensic competency evaluations in their entirety and the Intermediate Court of Appeals sealed the appellate briefs filed by the parties.  The Law Center requested that those documents be unsealed at least in redacted form, so that the public can understand the basis for the competency determinations and the legal arguments presented to the Hawaii Supreme Court in this potentially precedent-setting case.  The Hawaii Supreme Court ordered the briefs redacted, but kept the competency evaluations sealed.

• Motion to Unseal Court Records (8/20/20)
  • Memorandum in Support of Motion to Unseal, Declaration, Exhibit
  • State’s Response to Motion to Unseal Court Records (8/27/20)
  • Defendant’s Response to Motion to Unseal Court Records (9/29/20)
  • Order Regarding Motion to Unseal (10/6/20)

Redacted Briefs

• Defendant’s Opening Brief (filed redacted 10/7/20)
• State’s Answering Brief (filed redacted 10/9/20)