State v. D.B.

  NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER




                                                 Electronically Filed
                                                 Intermediate Court of Appeals
                                                 CAAP-XX-XXXXXXX
                                                 15-MAR-2024
                                                 08:08 AM
                                                 Dkt. 43 SO

                          NO. CAAP-XX-XXXXXXX


                IN THE INTERMEDIATE COURT OF APPEALS

                        OF THE STATE OF HAWAI#I


                STATE OF HAWAI#I, Plaintiff-Appellee,
                                  v.
                      D.B., Defendant-Appellant


         APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
                       (CASE NO. 1PC041000667)

                      SUMMARY DISPOSITION ORDER
 (By:    Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)

           D.B. appeals from the "Order Denying Defendant's
Application for Conditional Release" entered by the Circuit Court
of the First Circuit on February 10, 2023.1 We affirm.
          D.B. was charged by complaint with Escape in the Second
Degree on April 12, 2004. He was acquitted on the ground of
physical or mental disease, disorder or defect excluding
responsibility, and committed to the custody of the director of
the state Department of Health. He moved for conditional release
or discharge on September 21, 2022. The circuit court denied his
motion. This appeal followed.
          D.B. had the burden to prove, by a preponderance of the
evidence, that he was free from mental illness and dangerous
propensities, or that he may safely be released on the conditions


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           The Honorable Christine E. Kuriyama presided.
  NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER


applied for.   Hawaii Revised Statutes (HRS) § 704-415(2) (2014);
see State v. Miller, 84 Hawai#i 269, 275, 

(1997). The circuit court decides whether the evidence
establishes the requisite conditions for release. Id. at 279,

. We review the evidence in the light most
favorable to the State to determine if there was substantial
evidence to support the circuit court's decision. Id. at 278-79,

.
          The circuit court reviewed reports submitted by Nikita
Hay, Psy.D., Duke E. Wagner, Ph.D, and Martin Blinder, M.D.
Dr. Hay's report was dated October 17, 2022. Her diagnosis was
"Bipolar I Disorder, Most Recent Episode Manic, with Psychotic
Features." She opined that D.B. "currently presents as a
Moderate risk of harm to others, himself, and property.
[Conditional Release] is not recommended at this time. If he
were to be discharged into the community without services, his
risk would likely significantly increase."
          Dr. Wagner's report was dated November 5, 2022. He
diagnosed D.B. with bipolar disorder with psychotic features;
substance use disorder; and rule out personality disorder with
Cluster B traits. He opined that D.B.'s risk of danger to self
and others "would increase likely to a high level if [D.B.] is
released into the community at this time. . . . [D.B.] gives no
indication that he can safely be released into a less restrictive
environment than Hawaii State Hospital at this time."
          Dr. Blinder's report was dated December 8, 2022. He
diagnosed D.B. with schizoaffective disorder, hypomanic,
improving; substance dependency disorder, in institutional
remission; and antisocial personality disorder. He noted that
D.B. "remains psychotic and hypomanic." He recommended that D.B.
"be granted conditional release. So long as he remains on his
medications he constitutes a minimal threat to the community.
Off medications – it's anybody's guess." (Bold italics added.)
Two months after Dr. Blinder wrote his report, D.B. assaulted a
fellow Hawai#i State Hospital patient, and had to be placed in

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  NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER


mechanical restraints. State v. D.B., 153 Hawai#i 524, 

, at *2 (App. 2024). We note that D.B. frequently
interrupted the hearing on his motion, even after the circuit
court asked him to stop.
          There was substantial evidence supporting the circuit
court's denial of D.B.'s motion. The February 10, 2023 "Order
Denying Defendant's Application for Conditional Release" is
affirmed.
          DATED: Honolulu, Hawai#i, March 15, 2024.

On the briefs:
                                      /s/ Katherine G. Leonard
Lars Robert Isaacson,                 Acting Chief Judge
for Defendant-Appellant.
                                      /s/ Keith K. Hiraoka
Loren J. Thomas,                      Associate Judge
Deputy Prosecuting Attorney,
City and County of Honolulu,          /s/ Clyde J. Wadsworth
for Plaintiff-Appellee.               Associate Judge




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