State v. Abion.

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Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
29-DEC-2020
09:51 AM
Dkt. 47 OP
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
---oOo---
________________________________________________________________
STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee,
vs.
RAMONCITO D. ABION, Petitioner/Defendant-Appellant.
________________________________________________________________
SCWC-XX-XXXXXXX
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; CASE NO. 2PC161000043)
DECEMBER 29, 2020
RECKTENWALD, C.J., NAKAYAMA, McKENNA, AND WILSON, JJ., AND
CIRCUIT JUDGE CASTAGNETTI, IN PLACE OF POLLACK, J., RECUSED
OPINION OF THE COURT BY McKENNA, J.
I. Introduction
We address whether a defendant whose substance use results
in permanent psychosis is prohibited by the self-induced
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intoxication exception from presenting evidence relevant to the
lack of penal responsibility defense.
The issue arises from the jury conviction of Ramoncito
Abion (“Abion”) on one count of assault in the second degree in
violation of Hawai‘i Revised Statutes (“HRS”) § 707-711 (2014)
(“assault second”)1 in the Circuit Court of the Second Circuit
(“circuit court”). On January 11, 2016, Temehane Visaya
(“Visaya”), an employee at the Waiehu Shell gas station, was
cleaning an oil spill when she saw Abion lying on the sidewalk
and talking to himself. Visaya asked Abion to leave. She then
walked to an alley next to the store, and Abion hit her on the
back of the head with a hammer. Maui Police Department (“MPD”)
officer Charles Taua (“Officer Taua”) responded. Officer Taua
stopped Abion about a quarter of a mile away and explained that
a man matching his description had been seen striking Visaya
with a hammer. Abion said that he had done it and that the
hammer was in his backpack. Officer Taua noted that Abion
1 HRS § 707-711 provides, in relevant part:
(1) A person commits the offense of assault in the second
degree if:
(a) The person intentionally, knowingly, or
recklessly causes substantial bodily injury to
another;
(b) The person recklessly causes serious bodily
injury to another;
. . .
(d) The person intentionally or knowingly causes
bodily injury to another with a dangerous
instrument[.]
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displayed “bizarre behavior,” that he heard voices and saw
visions, and was “unusually suspicious.” Officer Taua did not
indicate that Abion appeared intoxicated.
After Abion was arrested and charged with assault second, a
panel of three medical examiners deemed Abion fit for trial.
One of the examiners, Dr. Martin Blinder (“Dr. Blinder”),
however, opined that Abion suffered from amphetamine psychosis
and may be entitled to a lack of penal responsibility defense.
Before trial, the State filed a motion for a finding of
inadmissibility of the HRS § 704-400 (2014)2 defense (“motion for
inadmissibility”), seeking to preclude Dr. Blinder from
testifying at trial. The State argued that self-induced
intoxication precluded a lack of penal responsibility defense
and that Dr. Blinder’s testimony was therefore irrelevant. The
circuit court precluded Dr. Blinder from testifying on the
grounds that State v. Young, 93 Hawaiʻi 224, 999 P.2d 230 (2000),
had determined a drug-induced mental illness was self-induced
2 HRS § 704-400 provides:
(1) A person is not responsible, under this Code, for
conduct if at the time of the conduct as a result of
physical or mental disease, disorder, or defect the person
lacks substantial capacity either to appreciate the
wrongfulness of the person's conduct or to conform the
person's conduct to the requirements of law.
(2) As used in this chapter, the terms “physical or mental
disease, disorder, or defect” do not include an abnormality
manifested only by repeated penal or otherwise anti-social
conduct.
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intoxication prohibited as a defense by HRS § 702-230(1) (Supp.
2015).3
Abion was convicted of assault second and the Intermediate
Court of Appeals (“ICA”) affirmed. Abion’s application for writ
of certiorari (“Application”) raises the following question:
Did the Intermediate Court of Appeals gravely err by
tolerating the trial court’s exclusion of Mr. Abion’s only
witness, violating his Due Process right to present
3 HRS § 702-230 provides in relevant part:
(1) Self-induced intoxication is prohibited as a defense to
any offense, except as specifically provided in this
section.
(2) Evidence of the nonself-induced or pathological
intoxication of the defendant shall be admissible to prove
or negative . . . the state of mind sufficient to establish
an element of the offense. Evidence of self-induced
intoxication of the defendant is admissible . . . prove
state of mind sufficient to establish an element of an
offense. Evidence of self-induced intoxication of the
defendant is not admissible to negative the state of mind
sufficient to establish an element of the offense.
(3) Intoxication does not, in itself, constitute a physical
or mental disease, disorder, or defect within the meaning
of section 704-400.
(4) Intoxication that is:
(a) Not self-induced; or
(b) Pathological,
is a defense if by reason of the intoxication the defendant
at the time of the defendant's conduct lacks substantial
capacity either to appreciate its wrongfulness or to
conform the defendant's conduct to the requirements of law.
(5) In this section:
“Intoxication” means a disturbance of mental or physical
capacities resulting from the introduction of substances
into the body.
“Pathological intoxication” means intoxication grossly
excessive in degree, given the amount of the intoxicant, to
which the defendant does not know the defendant is
susceptible and which results from a physical abnormality
of the defendant.
“Self-induced intoxication” means intoxication caused by
substances which the defendant knowingly introduces into
the defendant's body, the tendency of which to cause
intoxication the defendant knows or ought to know, unless
the defendant introduces them pursuant to medical advice or
under such circumstances as would afford a defense to a
charge of a penal offense.
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evidence in support of his defense, and undermining the
jury’s exclusive task to resolve ultimate issues of fact?
A defendant in a criminal case has the right to be accorded
“a meaningful opportunity to present a complete defense.” State
v. Matafeo, 71 Haw. 183, 185, 787 P.2d 671, 672 (1990) (citation
omitted). “Thus, ‘a defendant has the constitutional right to
present any and all competent evidence in [their] defense.’”
State v. Acker, 133 Hawai‘i 253, 301, 327 P.3d 931, 979 (2014)
(citation omitted). “[W]here the accused asserts a defense
sanctioned by law to justify or to excuse the criminal conduct
charged, and there is some credible evidence to support it, the
issue is one of fact that must be submitted to the jury,” and it
is reversible error for the court to “reject evidence which, if
admitted, would present an essential factual issue for the trier
of fact.” State v. Horn, 58 Haw. 252, 255, 566 P.2d 1378, 1380-
81 (1977).
Abion essentially asserts there was “competent evidence”
presenting an “essential factual issue” regarding “a defense
sanctioned by law . . . to excuse [his] criminal conduct.” 58
Haw. at 255, 566 P.2d at 1380. The circuit court and ICA ruled,
however, that under the circumstances of this case, there was no
such defense based on HRS § 702-230(1), which provides that
“[s]elf-induced intoxication is prohibited as a defense to any
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offense[.]” They so ruled based on their interpretation of this
court’s decision in Young, 93 Hawaiʻi 224, 999 P.2d 230.
As explained below, however, Young did not consider or
decide whether HRS § 702-230(1) prohibits a defendant from
presenting evidence of a permanent mental illness caused by
substance use as relevant to a HRS § 704-400 lack of penal
responsibility defense. We now hold that, based on the language
and legislative history of HRS § 702-230, the self-induced
intoxication exception of HRS § 702-230(1) applies only when a
defendant is under the temporary influence of voluntarily
ingested substances at the time of an act.
Hence, Dr. Blinder would have presented “competent
evidence” on an “essential factual issue” regarding “a defense
sanctioned by law . . . to excuse [Abion’s] criminal conduct.”
Thus, the circuit court “reject[ed] evidence which, if admitted,
would [have] present[ed] an essential factual issue for the
trier of fact” and violated Abion’s due process right to present
a complete defense by precluding Dr. Blinder from testifying at
trial. Horn, 58 Haw. at 255, 566 P.2d at 1381.
We therefore vacate the ICA’s April 14, 2020 judgment on
appeal, which affirmed the circuit court’s June 13, 2018
judgment of conviction and sentence and July 26, 2018
stipulation and order to amend judgment of conviction, and we
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remand this matter to the circuit court for further proceedings
consistent with this opinion.
II. Background
A. Circuit court proceedings
On January 13, 2016, Abion was charged with assault second
in violation of HRS § 707-711(1)(a) and/or (b) and/or (d).4
1. Abion’s motion for HRS § 704-404 examination
On March 8, 2016, Abion filed a motion for a HRS § 704-4045
examination to determine whether he was fit to proceed and
whether he was suffering from a physical or mental disease,
defect, or disorder at the time of the alleged offense. Three
medical examiners concluded that Abion was fit to stand trial.
Two of the examiners determined that Abion’s cognitive and
volitional capacities were “not substantially impaired because
of a major mental illness.”
One examiner, Dr. Blinder, diagnosed Abion with
“[m]ethamphetamine psychosis,” and noted that “protracted use of
methamphetamines causes permanent brain damage at a cellular
level, its effects apparent long after an individual has been
free of the drug.” Dr. Blinder’s report also noted Abion “was
not using methamphetamines on the day of his offense or several
4 See supra note 1 for relevant language of HRS § 707-711.
5 See supra note 2 for the language of HRS § 704-400.
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days preceding,” but that “[a]bsent his paranoid psychosis Mr.
Abion would never have attacked a woman with whom he had no
quarrel, and absent past use of methamphetamines he would never
have had an amphetamine psychosis[.]” Dr. Blinder opined that
Abion may be entitled to a mental defense because his “commerce
with reality was hugely impaired at the time of his assaultive
conduct[.]”
2. State’s motion for inadmissibility of
HRS § 704-400 defense
On September 22, 2017, the State filed a motion for
inadmissibility of HRS § 704-400 defense, asking the circuit
court to hold that Abion “may not elicit testimony from Dr.
Blinder regarding a ‘704’ defense.” The State expected Dr.
Blinder to testify that Abion’s conduct was the result of
methamphetamine psychosis, and it argued that “[i]ntoxication
does not, in itself, constitute a physical or mental disease,
disorder, or defect,” citing HRS § 702-230. Therefore, the
State contended that the circuit court should find Dr. Blinder’s
testimony irrelevant pursuant to Hawai‘i Rules of Evidence
(“HRE”) Rule 104 (1984).6
6 HRE Rule 104 provides, in relevant part:
(a) Questions of admissibility generally. Preliminary
questions concerning the qualification of a person to be a
witness, the existence of a privilege, or the admissibility
of evidence shall be determined by the court, subject to
the provisions of subsection (b). In making its
(continued . . .)
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On October 6, 2017, an evidentiary hearing was held on the
State’s motion for inadmissibility.7 The State called Dr.
Blinder as a witness, who testified as follows.
Dr. Blinder had diagnosed Abion with methamphetamine
psychosis. Methamphetamine is capable of “caus[ing] structural
changes in the brain” “powerful enough to render somebody
periodically psychotic.” “[T]hese changes in the brain are
permanent long after [a person has] given up methamphetamines,”
and the person may “continue to have paranoid thoughts . . .
[and] be susceptible to auditory hallucinations.” However, not
everyone experiences these effects from long-term
methamphetamine use. Dr. Blinder explained that methamphetamine
use may also cause people with a genetic predisposition for
schizophrenia to develop symptoms that would not otherwise have
manifested:
A. So -- so let’s say you have a genetic endowment of
some sort of the genes that contribute to the outbreak of
schizophrenia, you don’t have nine or ten, you just have
three or four, you can probably sail through life and never
exhibit any psychotic symptoms. You’re okay. But if you
use methamphetamines, you don’t need the whole nine genetic
endowments to develop the psychoses. It will eliminate
this genetic predisposition that, absent the
methamphetamines, you never would have known about.
determination the court is not bound by the rules of
evidence except those with respect to privileges.
(b) Relevancy conditioned on fact. When the relevancy of
evidence depends upon the fulfillment of a condition of
fact, the court shall admit it upon, or subject to, the
introduction of evidence sufficient to support a finding of
the fulfillment of the condition.
7 The Honorable Richard T. Bissen presided.
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However, “people with an absolutely clean genetic makeup can
[also] develop methamphetamine psychoses[.]”
Dr. Blinder determined that “to a reasonable degree of
medical probability, [Abion] would not have had [] psychos[i]s
absent his use of methamphetamine.” Abion also told him that he
had “an auntie who spent a lot of time in a mental hospital,”
which meant “in [Abion’s] genetic pool there’s something
floating in there that he’d be better off if he didn’t carry
it.” In Dr. Blinder’s opinion, the incident between Abion and
Visaya probably would not have happened absent Abion’s long-term
methamphetamine use.
On cross-examination, Dr. Blinder affirmed his opinion that
Abion may carry a genetic predisposition for psychosis that was
activated by prolonged methamphetamine use. As far as Dr.
Blinder could tell, Abion was not under the influence of
methamphetamine during the incident with Visaya, but “rather was
suffering from its permanent or long-term effects.”
Before redirect, the circuit court asked Dr. Blinder how
the aunt who had spent time in a mental hospital was related to
Abion, because “In Hawaii everybody calls everybody auntie.”
Dr. Blinder testified that he did not determine how Abion’s aunt
was related to him, and “if it’s not a blood relative, then it’s
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totally irrelevant.” However, whether or not Abion’s aunt was a
blood relative did not change Dr. Blinder’s opinion:
THE WITNESS: It doesn’t change it, it just pulls out from
under my conclusions one of its bases, so it makes me less
confident that this man is carrying some sort of low grade
genetic endowment that predisposes him for psychoses. It
shifts all of the responsibility onto the methamphetamine,
since I have indicated earlier, there are some unlucky
people with no genetic predisposition, they use these
drugs, and that’s enough to send them into a mental
hospital.
On November 11, 2017, the circuit court issued its findings
of fact, conclusions of law, and order granting the State’s
motion for inadmissibility (“order granting motion for
inadmissibility”). The circuit court’s order included the
following conclusions of law (“COLs”):
1. Preliminary questions concerning the admissibility of
evidence shall be determined by the court. H.R.E. 104(a).
2. Intoxication does not, in itself, constitute a physical
or mental disease, disorder, or defect within the meaning
of HRS Section 704-400. H.R.S. 702-230(3).
3. Intoxication is not a defense to any offense, unless
specifically provided for in H.R.S. § 702-230.
4. A drug-induced or exacerbated mental illness does not
constitute a defense. State v. Young, 93 Hawai‘i 224, 232,
999 P.2d 230, 238 (2000).
5. Dr. Blinder’s testimony that Defendant was suffering
from a psychosis caused by long-standing drug abuse does
not constitute a defense.
6. Further, Defendant cannot now benefit from long-term
drug abuse by asserting that the voluntary damage he did to
his body now constitutes a defense.
7. Therefore, Dr. Blinder’s testimony is not relevant
pursuant to H.R.E. 104, and shall not be admissible at
trial.
The order stated that the “State’s Motion for Finding of
Inadmissibility of HRS 704-400 Defense is granted.”
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3. Abion’s notice of intent and the State’s motion
in limine
On February 28, 2018, Abion filed a notice of intent to
rely on an HRS chapter 704 defense and call Dr. Blinder to
testify (“notice of intent”). On March 1, 2018, the State filed
its motion in limine no. 2 to preclude Abion from introducing
evidence inconsistent with the circuit court’s order granting
motion for inadmissibility.
On March 2, 2018, a hearing was held on the State’s motion
in limine no. 2. Defense counsel acknowledged that the court
“already made a decision” regarding Dr. Blinder’s testimony, but
explained that the notice of intent was filed “to make the
record clear that this is a defense that I think should be
available.”
The circuit court granted the State’s motion in limine and
denied Abion’s notice of intent. The circuit court stated:
[THE COURT:] What I’m precluding is Dr. Blinder from coming
in and testifying, because we already had a full-blown
hearing on this back in November, that it doesn’t offer any
-- any scientific explanation to -- to amount to a defense.
It was, as far as all the parties agreed, or the facts came
out to the examiners, this was voluntary intoxication on
the part of the defendant, and that is not a
defense . . . .
So this case will not include Dr. Blinder, at least
not as to testifying to Mr. Abion being under a self-
induced methamphetamine condition . . . .
So I don’t feel there’s any prejudice to the defense
in this case because they’re not precluded from presenting
their defense, they’re just precluded from calling Dr.
Blinder [from] coming in and calling it a mental defense,
because that, I find, it’s not.
So the Court -- I suppose I’m granting the State’s
motion in limine number two, I’m denying the Defense notice
[of] intent to call Dr. Blinder to testify, and we’ll leave
it at that.
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Thus, the circuit court precluded the defendant from calling Dr.
Blinder as a witness.
4. Jury trial
Abion’s jury trial commenced on March 19, 2018.8 Only the
State called witnesses; Abion did not call any witnesses and did
not testify.
a. Witness testimony
i. Alana Kahai
Alana Kahai (“Kahai”) testified as follows.
On January 11, 2016, Kahai and her fiancé, Haumanu Tuuafu
(“Tuuafu”), went to the Waiehu Shell gas station. They parked
the car at the front of the store, and Tuuafu went into the
store while Kahai waited in the car. Kahai saw Visaya cleaning
an oil spill by the gas pumps. Tuuafu came out of the store,
and as they were leaving, Kahai saw Visaya talking to someone
near the corner of the gas station. Kahai could not see who she
was talking to. As Visaya started to go into the alley next to
the store, a man struck her from behind with a hammer, and she
fell backward. The man then put his backpack on his chest, put
his right hand with the hammer into the backpack, and started to
8 The transcript of proceedings initially indicate that trial was held on
October 19 and October 20, 2018. However, the remainder of the transcripts
and the parties indicate the trial occurred on March 19 and March 20, 2018.
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walk toward their car. At trial, Kahai identified the man as
Abion.
Kahai jumped out of the car, went into the store to get
Visaya’s coworker, and called 911. While calling 911, Kahai
observed the direction Abion left and told the police where he
was going. Abion seemed calm as he walked away.
ii. Haumanu Tuuafu
Tuuafu testified as follows.
On January 11, 2016, Tuuafu and Kahai went to the gas
station, and Tuuafu went into the store while Kahai waited in
the car. As he pulled out of the parking stall, Tuuafu saw a
woman employee. The woman went into the alley next to the
store, and Tuuafu saw a man reach into his bag, grab a hammer,
and hit the woman on the head from behind. At trial, Tuuafu
identified that man as Abion. After Abion hit the woman, he put
the hammer back in the bag and walked toward the road.
On cross-examination, Tuuafu testified that after striking
the employee, Abion walked “casually walked” away and did not
run. Tuuafu gave a statement to the police and said that he had
seen Abion “at the parking lot from time to time,” and that he
had seen Abion sleep at the gas station.
iii. Temehane Visaya
Visaya testified as follows.
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On January 11, 2016, Visaya was an employee at the Waiehu
Shell gas station. On that day, as she cleaned an oil spill by
the gas pumps, Visaya saw someone on the sidewalk at the side of
the building lying on his back and talking to himself. At
trial, Visaya identified the person she saw as Abion. Visaya
had seen Abion at the gas station before “[t]wo to three times a
day.”
Visaya swept cat litter onto the oil spill about three or
four feet away from where Abion lay. She then asked Abion to
leave, but he did not respond. Visaya walked toward the alley
next to the store to wash the broom and dustpan. After entering
the alley, the next thing Visaya remembered was her legs
buckling and that she could not breathe. Visaya remembered
waking up on the ground in the alley, seeing police, and being
put into an ambulance. Visaya could not remember what happened
at the hospital.
iv. Officer Charles Taua
Officer Taua testified as follows.
On January 11, 2016, Officer Taua was dispatched to the
Waiehu Shell gas station. Officer Taua was given a description
of the alleged offender, and he saw someone matching that
description about a quarter of a mile away from the gas station.
At trial, Officer Taua identified the person he saw as Abion.
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Officer Taua stopped Abion and explained that someone had
reported that a man matching his description had struck Visaya
with a hammer. Abion said that he had done it and that the
hammer was in his backpack. Officer Taua read Abion his Miranda
rights, and Abion gave a statement saying he hit “the lady” with
a hammer. When asked at trial if he recalled if Abion said
Visaya threw dust on him, Officer Taua remembered that Abion had
said something to the effect of “she did it first,” but he was
“confused on what exactly he was referring to.” Abion was
“cooperative,” but also “animated.” He did not appear confused
or incoherent. Officer Taua asked for Abion’s consent to search
his backpack, which Abion granted. There was a hammer inside
the backpack.
On cross-examination, Officer Taua testified that when he
approached Abion, Abion was not running and did not attempt to
hide. Abion did not hide that he had a hammer and did not
hesitate in providing a statement. Abion told Officer Taua that
the woman at the gas station had swept dust into his face and
that she had hit him first. Abion did not appear to have any
guilt or regrets. When asked if Abion appeared to be
intoxicated or experiencing withdrawal from drugs or alcohol,
Officer Taua said he was not sure, but Abion was “really
animated” and may have acted “passive” “at times.”
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Officer Taua prepared an inmate suicide screening report
for Abion at around 1:30 p.m. on January 11, 2016. Officer
Taua’s report noted that Abion displayed “bizarre behavior,”
that he heard voices and saw visions, and was “unusually
suspicious.” The report did not indicate that Abion appeared
intoxicated or was experiencing drug or alcohol withdrawal.
v. Dr. Beth Jarrett
Dr. Beth Jarrett (“Dr. Jarrett”) testified as follows.
Dr. Jarrett was a general surgeon at the Maui Memorial
Medical Center who treated Visaya on January 11, 2016. Visaya
had a laceration on her head, and Dr. Jarrett determined that
she had “a couple fractures” and “a hematoma to the skin and
soft tissues of the fracture.” Dr. Jarrett opined that a strike
to the head with a hammer could cause a substantial risk of
death “especially if the brain is injured,” could cause serious
permanent disfigurement, and could cause protractive loss or
impairment of the brain.
b. Jury instructions and closing arguments
Despite pretrial rulings precluding Dr. Blinder's testimony
and disallowing “a mental defense,” the circuit court instructed
the jury not only on self-defense, but also on the “affirmative
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defense of physical or mental disease, disorder, or defect,
excluding criminal responsibility.”9
In closing, defense counsel argued that Abion was unable to
conform his actions to societal norms, as indicated by testimony
that he was talking and laughing to himself despite Officer
Taua’s report indicating that he was not intoxicated.
c. Jury verdict and sentencing
On March 20, 2018, the jury found Abion guilty of assault
second.
On June 13, 2018, the circuit court entered its judgment of
conviction and sentence. Abion was sentenced to five years
imprisonment.10 Abion appealed the June 13, 2018 judgment.
B. ICA proceedings
1. Abion’s arguments
Abion raised a single point of error: “the circuit court
erred in preventing [him] from using Dr. Blinder to explain to
the jury [he] was suffering from a physical or mental disease,
disorder, or defect.”
9 As discussed, evidence had been received regarding Abion actions and
statements. We do not address whether the circuit court’s ruling allowing
the defense, but not Dr. Blinder’s testimony, is consistent with the circuit
court’s mistaken but apparent ruling that there was no factual issue that
Abion’s psychosis was caused by the self-induced intoxication that precluded
a HRS § 704-400 defense based on HRS § 702-230(1) as construed by Young.
10 Abion was also assessed a Crime Victim Compensation Fee of $105 and an
Internet Crimes Against Children Fee of $100.
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Abion argued the circuit court violated his constitutional
right to present a complete defense, citing State v. Tetu, 139
Hawai‘i 207, 225, 386 P.3d 844, 862 (2016). Abion contended he
had a right to present Dr. Blinder’s testimony to the jury in
support of his insanity defense, and that while the prosecution
could attempt to rebut his defense by arguing his psychosis was
caused by intoxication, the circuit court could not preclude Dr.
Blinder’s testimony.
Abion asserted that in his case, Dr. Blinder’s testimony
that he had a genetic predisposition for psychosis showed that
he suffered from a preexisting condition aggravated by drug use,
which was “defensible under HRS § 704-400.” Abion argued the
circuit court’s reliance on Young was misplaced because a drug-
exacerbated mental illness was not at issue in Young. Abion
also argued the HRS § 702-230(3) exception “arises only when the
[mental] disturbance is directly caused by ‘intoxication . . .
in itself.’”
In a footnote, Abion asserted that “[a]ny reliance on Young
is perilous at this point” because in State v. Eager, 140 Hawai‘i
167, 177, 398 P.3d 756, 766 (2017), this court held that “juries
must reconcile evidence of a physical or mental disease,
disorder, or defect with evidence of intoxication to determine
if ‘the mental disturbance would excuse the defendant’s criminal
conduct absent the influence of the intoxicant.’” Abion
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contended that Eager had “implicitly overruled Young[.]”
Therefore, Abion argued the circuit court’s judgment must be
vacated and his case remanded for new trial.
2. The State’s arguments
The State argued that even though the circuit court did not
allow Dr. Blinder to testify, Abion had not been precluded from
presenting other evidence in support of his HRS § 704-400
defense. The State likened this case to Young and maintained
that the 1986 amendment to HRS § 702-230 “specifically precluded
self-induced intoxication as a defense, subject to certain
exceptions” for the purpose of “hold[ing] persons acting under
self-induced intoxication ultimately responsible for their
actions.”
The State distinguished this case from Eager, where the
defendant had not taken his prescribed medication and had tested
positive for marijuana, and “the trial court did not distinguish
the effects of medication withdrawal from the effects of
marijuana consumption.” In comparison, Dr. Blinder testified
that Abion had a genetic predisposition for psychosis that would
not have manifested absent drug use, not that Abion had a “pre-
existing mental disease, disorder, or defect[.]” Therefore,
there was no question of fact raised as to whether Abion’s
mental disturbance would excuse his conduct absent drug use.
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3. Memorandum opinion
On February 28, 2020, the ICA issued its memorandum opinion
affirming Abion’s conviction. State v. Abion, CAAP-XX-XXXXXXX
(App. Feb. 28, 2020) (mem.).
The ICA found no merit in Abion’s argument that his genetic
predisposition for psychosis was a “preexisting condition” and a
defense under HRS § 704-400. Abion, mem. op. at 12. The ICA
determined that there was no support for Dr. Blinder’s
conclusion that Abion had a genetic predisposition for psychosis
because he had not determined whether Abion’s aunt, who had
spent time in a mental hospital, was a blood relative. Id.
Even if Abion had a genetic predisposition for psychosis, Dr.
Blinder testified that Abion’s psychosis would not have
manifested absent long-term methamphetamine use. Id. The ICA
ruled Dr. Blinder’s testimony established that Abion suffered
from “drug-induced psychosis,” which was not a defense under
Young. Abion, mem. op. at 12-13.
The ICA held the circuit court erred to the extent its COL
4 cited Young for the proposition that a drug-exacerbated mental
illness does not constitute a defense because that issue was not
addressed in Young. Id. The ICA, however, held that this error
was harmless because Dr. Blinder’s testimony did not establish
that Abion suffered from a drug-exacerbated mental illness. Id.
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The ICA then addressed Abion’s argument that Eager
“implicitly overruled Young.” Abion, mem. op. at 14. The ICA
determined that Eager was distinguishable from this case and
Young because “Eager presented a case where there was no
evidence or finding in the bench trial that substance abuse
caused the defendant’s mental disease, disorder, or defect.”
Abion, mem. op. at 15. By comparison, “Dr. Blinder’s testimony
provided that Abion’s psychosis was caused by his
methamphetamine use[.]” Id. Similarly, in Young, “the trial
court concluded that the defendant’s mental illness was caused
by the use of intoxicants.” Id. Therefore, the ICA held that
Eager did not overrule Young. Id.
On April 14, 2020, the ICA filed its judgment on appeal
affirming the circuit court’s June 13, 2018 judgment of
conviction and sentence and July 26, 2018 stipulation and order
to amended judgment of conviction and sentence.
C. Application for certiorari
Abion maintains the circuit court’s exclusion of his only
witness violated his due process right to present evidence in
support of his defense and undermined the jury’s exclusive task
to resolve ultimate issues of fact. Citing Horn, 58 Haw. at
255, 566 P.2d at 1380, Abion asserts that when “the accused
asserts a defense sanctioned by law to justify or excuse the
criminal conduct charged, and there is some credible evidence to
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support it, the issue is one of fact that must be submitted to
the jury,” and that it is reversible error for the court to
“reject evidence which, if admitted, would present an essential
factual issue for the trier of fact.”
Abion asserts that this court did not expand the self-
induced intoxication exception to include “preexisting mental
illnesses aggravated by drug abuse” in Young. Furthermore, he
contends that the jury “determines if the defendant’s physical
or mental condition was the result of intoxication,” and that by
preventing his only witness from testifying at trial, the ICA
“usurped the jury’s constitutional role to determine ultimate
issues of fact.”
Abion also contends the self-induced intoxication exception
“should be limited to temporary conditions that arise while a
person is under the influence of an intoxicant,” and that the
legislative history of HRS § 702-230(3) cited in Young “suggests
an exception only for those who commit offenses while under the
influence of an intoxicant.”
III. Standard of Review
A. Statutory interpretation
The interpretation of a statute is a question of law that
this court reviews de novo. State v. Arceo, 84 Hawaiʻi 1, 10,
928 P.2d 843, 852 (1996). When construing a statute, our
foremost obligation is to ascertain and give effect to the
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intention of the legislature, which is to be obtained primarily
from the language contained in the statute itself. And we must
read statutory language in the context of the entire statute and
construe it in a manner consistent with its purpose.
State v. Ruggiero, 114 Hawaiʻi 227, 231, 160 P.3d 703, 707
(2007) (citation omitted).
B. Right to present a complete defense
“Central to the protections of due process is the right to
be accorded ‘a meaningful opportunity to present a complete
defense.’” Matafeo, 71 Haw. at 185, 787 P.2d at 672 (quoting
California v. Trombetta, 467 U.S. 479, 485 (1984)). “Thus, ‘a
defendant has the constitutional right to present any and all
competent evidence in [their] defense.’” State v. Acker, 133
Hawai‘i 253, 301, 327 P.3d 931, 979 (2014) (quoting State v.
Kassebeer, 118 Hawai‘i 493, 514, 193 P.3d 409, 430 (2008)).
“Nevertheless, a defendant’s right to present relevant evidence
is not without limitation and may, in appropriate cases, bow to
accommodate other legitimate interests in the criminal trial
process.” Kassebeer, 118 Hawai‘i at 514, 193 P.3d at 430(citations omitted).
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IV. Discussion
A. Young has been misconstrued and the self-induced
intoxication exception of HRS § 702-230(1) applies only
when a defendant is temporarily under the influence of a
voluntarily ingested substance
We first provide context to our discussion. As we recently
explained in State v. Glenn, 148 Hawaiʻi 112, 468 P.3d 126(2020):
In order to commit a crime, a defendant must be capable of
intending to act wrongfully. The bedrock principle that a
crime requires a wrongful intent “is as universal and
persistent in mature systems of law as belief in freedom of
the human will and a consequent ability and duty of the
normal individual to choose between good and
evil.” Morissette v. United States, 342 U.S. 246, 250, 72
S.Ct. 240, 96 L.Ed. 288 (1952). For this reason, if a
mental illness or impairment results in a defendant lacking
substantial capacity to appreciate the wrongfulness of
their conduct or to conform their conduct to the law, then
the defendant cannot be held criminally responsible. Hawaiʻi
Revised Statutes (HRS) § 704-400 (2019).[11]
148 Hawaiʻi at 115, 468 P.3d at 129 (footnote omitted).12
As we noted in Young, however, in 1986, the legislature
11 See supra note 1.
12 In Glenn, we noted and prospectively held as follows:
Lack of penal responsibility is not merely a statutory
affirmative defense; it reflects a precept that is
fundamental to due process under the Hawaiʻi Constitution:
“A defendant who, due to mental illness, lacks sufficient
mental capacity to be held morally responsible for his
actions cannot be found guilty of a crime.” Kahler v.
Kansas, ––– U.S. ––––, 140 S. Ct. 1021, 1039, 206 L.Ed.2d
312 (2020) (Breyer, J., dissenting). Accordingly, we
prospectively hold that once the court receives notice. . .
that a defendant's penal responsibility is an issue in the
case, the circuit court must advise a defendant of the
penal-responsibility defense and obtain a knowing waiver of
the defense. Cf. Tachibana v. State, 79 Hawaiʻi 226, 236,
900 P.2d 1293, 1303 (1995).
(continued . . .)
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added subsection (1) to HRS § 702-230 to prohibit “self-induced
intoxication” as a defense to penal responsibility, except in
limited circumstances. 93 Hawaiʻi at 232, 999 P.2d at 238.
Thus, HRS § 702-230 now provides as follows, with relevant
portions underlined:
(1) Self-induced intoxication is prohibited as a defense to
any offense, except as specifically provided in this
section.
(2) Evidence of the nonself-induced or pathological
intoxication of the defendant shall be admissible to prove
or negative . . . the state of mind sufficient to establish
an element of the offense. Evidence of self-induced
intoxication of the defendant is admissible to . . . prove
state of mind sufficient to establish an element of an
offense. Evidence of self-induced intoxication of the
defendant is not admissible to negative the state of mind
sufficient to establish an element of the offense.
(3) Intoxication does not, in itself, constitute a physical
or mental disease, disorder, or defect within the meaning
of section 704-400.
(4) Intoxication that is:
(a) Not self-induced; or
(b) Pathological,
is a defense if by reason of the intoxication the defendant
at the time of the defendant’s conduct lacks substantial
capacity either to appreciate its wrongfulness or to
conform the defendant’s conduct to the requirements of law.
(5) In this section:
“Intoxication” means a disturbance of mental or physical
capacities resulting from the introduction of substances
into the body.
“Pathological intoxication” means intoxication grossly
excessive in degree, given the amount of the intoxicant, to
which the defendant does not know the defendant is
susceptible and which results from a physical abnormality
of the defendant.
“Self-induced intoxication” means intoxication caused by
substances which the defendant knowingly introduces into
the defendant’s body, the tendency of which to cause
intoxication the defendant knows or ought to know, unless
the defendant introduces them pursuant to medical advice or
under such circumstances as would afford a defense to a
charge of a penal offense.
148 Hawaiʻi at 116, 468 P.3d at 130. Glenn’s prospective holding does not
apply to Abion’s case. In any event, the jury in Abion’s case was given a
lack of penal responsibility instruction.
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According to the State, Young held that permanent mental
illness attributable to substance use precludes an HRS § 704-400
defense due to the self-induced intoxication exception of HRS
§ 702-230. Abion contends that such an “expansive reading of
the self-induced intoxication exception in Young should be
abandoned” and the “intoxication exception to the insanity
defense should be limited to temporary conditions that arise
while a person is under the influence of an intoxicant.” The
circuit court and the ICA agreed with the State.
The circuit court and the ICA misinterpreted Young. In
Young, we did reject the assertion that “a drug-induced or
exacerbated mental illness, in and of itself, constitutes a
criminal defense as a matter of law[,]” and we stated:
In 1986, the legislature added subsection (1) to HRS § 702–
230, specifically prohibiting self-induced intoxication as
a defense except in limited circumstances. 1986 Haw. Sess.
L. Act 325, § 2 at 687–88. The conference committee stated
that it “believes that when a person chooses to drink, that
person should remain ultimately responsible for [their]
actions.” Conf. Comm. Rep. No. 36, in 1986 House Journal,
at 928. HRS § 702–230(3) provides that intoxication alone
cannot negate penal responsibility under HRS § 704–400. To
adopt the rule suggested by Young would be contrary to this
statutory scheme. If an intoxicated person cannot escape
ultimate responsibility for his actions, neither should a
defendant who chronically engages in substance abuse. Only
in the instance when the intoxication causes the person to
lack the ability to form the requisite state of mind is
intoxication a defense. The same is also true of someone
with a drug-induced mental illness.
93 Hawai‘i at 232, 999 P.2d at 238.
Young must, however, be construed in light of its
circumstances and factual findings. In Young, the defendant was
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convicted of second-degree murder after repeatedly striking a
Burger King employee in the head with a hammer after another
employee had declined his request for some money. 93 Hawaiʻi at
227, 230, 999 P.2d at 233, 236. Unlike this case, all three
mental health doctors appointed to examine Young actually
testified at the bench trial. Although the trial court found
that psychosis caused by drugs can last for months after drug
use has stopped, it also specifically found that Young drank
twelve beers and smoked up to three marijuana joints daily, and
also used other illegal drugs in the weeks leading up to the
offense. 93 Hawaiʻi at 230, 999 P.2d at 236.13
Also, Young argued that he suffered brain damage during a
1997 fight and that this brain damage constituted a physical
(not mental) disease entitling him to a § 704-400(1) defense.
Young, 93 Hawaiʻi at 232, 999 P.2d at 238. The trial court found
that Young did not suffer brain damage and his neurological
functioning was not impaired as a result of the 1997 fight. Id.We also stated, “[t]he issue of a preexisting mental illness
that is aggravated by drug abuse is not presented in this case.”
99 Hawaii at 232, 999 P.2d at 238. In addition, Young also did
not address whether a defendant suffering from a permanent
mental impairment caused by substance abuse but not under the
13 The trial court also found that Young was not schizophrenic. 93 Hawaiʻi
at 230, 999 P.2d at 236.
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temporary influence of a voluntarily ingested substance at the
time of an offense is subject to the self-induced intoxication
exception of HRS § 702-230.
Thus, in Young, whether a permanent mental illness caused
by substance use was precluded by the self-induced intoxication
exception was not at issue. Rather, Young applied the self-
induced intoxication exception to an offense committed by a
defendant who, at the time of the offense, was temporarily under
the influence of voluntarily ingested substances. Young
therefore involved a temporary impairment resulting from
voluntary intoxication. Young did not address whether a
defendant suffering from a permanent mental impairment caused by
substance abuse is subject to the self-induced intoxication
exception of HRS § 702-230.14
Also, it is the language of HRS § 702-230 that controls.
The statute indicates that the self-induced intoxication
exception applies only when a defendant is under the temporary
influence of voluntarily ingested substances at the time of an
act. HRS § 702-230(5) defines “intoxication” as “a disturbance
of mental or physical capacities resulting from the introduction
of substances into the body.” (Emphasis added.) It further
defines “self-induced intoxication” as “intoxication caused by
14 Thus, contrary to Abion’s contention, Eager, 140 Hawaiʻi 167, 398 P.3d
756, did not implicitly overrule Young.
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substances which the defendant knowingly introduces into the
defendant’s body, the tendency of which to cause intoxication
the defendant knows or ought to know.”15 Also, the references to
“the amount of the substance” in the definition of “pathological
intoxication,” as “intoxication grossly excessive in degree,
given the amount of the intoxicant, to which the defendant does
not know the defendant is susceptible and which results from a
physical abnormality of the defendant[]” further evinces that
“intoxication” and “self-induced intoxication” mean a
defendant’s temporary intoxicated state after voluntary
ingestion.
Thus, as we stated in Eager, “the purpose of HRS § 702-230
‘is to prevent defendants who willingly become intoxicated and
then commit crimes from using self-induced intoxication as a
defense.’” 140 Hawaiʻi at 175, 398 P.3d at 764 (citing State v.
Souza, 72 Haw. 246, 248, 813 P.2d 1384, 1386 (1991)). The self-
induced intoxication exception only applies when a defendant is
under the temporary influence of voluntarily ingested substances
at the time of an act.
15 If “self-induced intoxication” includes permanent mental impairment
caused by ingestion of substances, then whether Abion knew or ought to have
known that his methamphetamine use could cause permanent psychosis would also
become an issue. But, as explained, “self-induced intoxication” does not
include permanent mental impairment caused by ingestion of substances.
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If HRS § 702-230(1) is ambiguous, its legislative history
establishes that the self-induced intoxication exception was
intended to apply only when a defendant, at the time of an
offense, is temporarily under the influence of voluntarily
ingested substances. Through enacting the self-induced
intoxication exception, the legislature intended to make it
clear that “when a person chooses to drink, that person should
remain ultimately responsible for [their] actions.” Young, 93
Hawai‘i at 232, 999 P.2d at 238 (quoting Conf. Comm. Rep. No. 36,
in 1986 House Journal, at 928). The legislative history also
explicitly states that “criminal acts committed while a person
is voluntarily intoxicated should not be excused by the
application of a defense which would negate the offender’s state
of mind.” Conf. Com. Rep. No. 30-86, in 1986 Senate Journal, at
736 (emphasis added).
Hence, we now hold that the self-induced intoxication
exception of HRS § 702-230(1) only applies to acts committed
while a person is temporarily under the influence of voluntarily
ingested substances.
Our holding is consistent with the approach of other
states. A majority of jurisdictions hold that a lack of penal
responsibility defense may be available to defendants suffering
from permanent or “settled insanity” as a result of voluntary
intoxication. See 21 Am. Jur. 2d. Criminal Law § 48 (2020)
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(describing common law “settled insanity” exception to general
prohibition against voluntary intoxication as a defense); R. W.
Gascoyne, Annotation, Modern Status of the Rules as to Voluntary
Intoxication as Defense to Criminal Charge, 8 A.L.R.3d 1238(originally published 1966). Among those jurisdictions, some
have also clearly held, as we do today, that while permanent
mental impairment resulting from voluntary intoxication may be a
defense, temporary impairment resulting from voluntary
intoxication is not. See Morgan v. Commonwealth, 464 S.E.2d
899, 903 (Va. Ct. App. 2007) (holding that voluntary
intoxication is not a defense unless it produces “permanent
insanity”); McNeil v. United States, 933 A.2d 354, 369 (App.
D.C. 2007).
Thus, the circuit court and the ICA erred in precluding Dr.
Blinder’s testimony based on the self-induced intoxication
exception of HRS § 702-230.
B. Abion’s constitutional right to present a complete defense
was violated
Under the Hawai‘i Constitution, “[c]entral to the
protections of due process is the right to be accorded ‘a
meaningful opportunity to present a complete defense.’”
Matafeo, 71 Haw. at 185, 787 P.2d at 672 (quoting Trombetta, 467
U.S. at 485). “Thus, ‘a defendant has the constitutional right
to present any and all competent evidence in [their] defense.’”
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Acker, 133 Hawai‘i at 301, 327 P.3d at 979 (quoting Kassebeer,
118 Hawai‘i at 514, 193 P.3d at 430). “[W]here the accused
asserts a defense sanctioned by law to justify or to excuse the
criminal conduct charged, and there is some credible evidence to
support it, the issue is one of fact that must be submitted to
the jury.” Horn, 58 Haw. at 255, 566 P.2d at 1380.
The right to present a complete defense is also a federal
constitutional right. As stated by the Tenth Circuit Court of
Appeals in Ellis v. Mullin, 326 F.3d 1122, 1128 (10th Cir. 2002)
(holding that exclusion of pretrial psychiatric report
diagnosing defendant as chronic schizophrenic violated
petitioner’s due process right to present evidence critical to
his defense):
“[S]tate evidentiary determinations ordinarily do not
present federal constitutional issues . . . . However, the
Supreme Court, in, e.g., Chambers v. Mississippi, 410 U.S.
284, 302, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973), and Green
v. Georgia, 442 U.S. 95, 97, 99 S.Ct. 2150, 60 L.Ed.2d 738(1979) (capital sentencing proceeding), has provided an
exception, under some circumstances, if a state court
applies the State’s evidentiary rules unfairly to prevent a
defendant from presenting evidence that is critical to his
defense.” Romano, 239 F.3d at 1166. “[T]o determine
whether a defendant was unconstitutionally denied his or
her right to present relevant evidence, we must balance the
importance of the evidence to the defense against the
interests the state has in excluding the
evidence.” Richmond v. Embry, 122 F.3d 866, 872 (10th Cir.
1997). Further:
[T]o establish a violation of . . . due
process, a defendant must show a denial of
fundamental fairness . . . . It is the
materiality of the excluded evidence to the
presentation of the defense that determines
whether a petitioner has been deprived of a
fundamentally fair trial. Evidence is material
if its suppression might have affected the
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outcome. In other words, material evidence is
that which is exculpatory-evidence that if
admitted would create reasonable doubt that did
not exist without the evidence.
Richmond, 122 F.3d at 872 (citations and internal quotation
marks omitted). See also Romano, 239 F.3d at 1168 (“[W]e
need ask no more than whether the trial court's application
of this state evidentiary rule excluded critical
exculpatory evidence.”).
This court has also recently recognized that defendants
have a right under the Hawai‘i Constitution to assert a lack of
penal responsibility defense. Glenn, 148 Hawaiʻi at 116, 468
P.3d at 130:
Lack of penal responsibility is not merely a statutory
affirmative defense; it reflects a precept that is
fundamental to due process under the Hawai‘i Constitution:
“A defendant who, due to mental illness, lacks sufficient
mental capacity to be held morally responsible for his
actions cannot be found guilty of a crime.” Kahler v.
Kansas, ––– U.S. ––––, 140 S. Ct. 1021, 1039, 206 L.Ed.2d
312 (2020) (Breyer, J., dissenting).
Abion asserts his right to present a complete defense was
violated when the circuit court precluded any testimony from Dr.
Blinder. We agree.
Whether Abion acted during a period of temporary self-
induced intoxication, is, at minimum, disputed. Officer Taua’s
report and testimony did not indicate that Abion was intoxicated
at the time of the offense. Dr. Blinder opined that Abion’s
psychosis was activated by methamphetamine use, and that he was
suffering from the “permanent of long-term effects” of
methamphetamine at the time of the offense. Dr. Blinder’s
psychiatric report noted, however, that Abion “was not using
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methamphetamines on the day of his offense or several days
preceding,” and at the pre-trial hearing he testified that Abion
was not under the influence at the time of the offense “as far
as [he] could tell” based on the reports available to him and
his interview with Abion.
Also, in his psychiatric evaluation of Abion, Dr. Blinder
opined that Abion may be entitled to a mental defense because
his “commerce with reality was hugely impaired at the time of
his assaultive conduct[.]” At the pre-trial hearing, Dr.
Blinder also testified that “to a reasonable degree of medical
probability, [Abion] would not have had [] psychoses absent his
use of methamphetamine,” and that he may have had a genetic
predisposition for psychosis that caused him to develop symptoms
that would not otherwise have manifested. In Dr. Blinder’s
opinion, Abion was not under the influence of methamphetamines
at the time of the offense, but “rather was suffering from its
permanent or long-term effects.”
Although the circuit court instructed the jury on the HRS
§ 704-400 defense, it precluded Dr. Blinder from testifying at
trial on the grounds that his opinion was irrelevant under
Young, which it construed as holding that a drug-induced mental
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illness is not a defense pursuant to HRS § 702-230.16 However,
as we have held, the self-induced intoxication exception of HRS
§ 702-230(1) only applies to acts committed while a person is
temporarily under the influence of voluntarily ingested
substances.
Hence, Dr. Blinder would have presented “competent
evidence” on an “essential factual issue” regarding “a defense
sanctioned by law . . . to excuse [Abion’s] criminal conduct.”
Horn, 58 Haw. at 255, 566 P.2d at 1380. Thus, the circuit court
“reject[ed] evidence which, if admitted, would [have]
present[ed] an essential factual issue for the trier of fact”
and violated Abion’s due process right to present a complete
defense by precluding Dr. Blinder from testifying at trial. Id.Dr. Blinder’s testimony would have aided the jury in
determining whether Abion suffered from a physical or mental
disease, disorder, or defect that caused him to lack the
substantial capacity to appreciate the wrongfulness of his
conduct or conform his conduct to the requirements of law at the
time of the offense under HRS § 704-400. His testimony would
have also aided the jury in determining whether Abion was under
the influence at the time of the offense. Therefore, by
16 As discussed in the previous section, Young did not determine whether a
lack of penal responsibility defense is available to a defendant suffering
from a permanent drug-induced mental illness and who was not under the
influence of drugs or alcohol at the time of the offense.
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precluding Dr. Blinder’s testimony at trial, the circuit court
violated Abion’s due process right to present a complete defense
by precluding Dr. Blinder from testifying at trial.
V. Conclusion
We therefore vacate the ICA’s April 14, 2020 judgment on
appeal, which affirmed the circuit court’s June 13, 2018
judgment of conviction and sentence and July 26, 2018
stipulation and order to amend judgment of conviction, and
remand this case to the circuit court for further proceedings
consistent with this opinion.
Benjamin E. Lowenthal, /s/ Mark E. Recktenwald
for Abion
/s/ Paula A. Nakayama
Gerald K. Enriques, /s/ Sabrina S. McKenna
for the State
/s/ Michael D. Wilson
/s/ Jeannette H. Castagnetti
37