Rodrigo Rodrigues v. Howard E. Gudeman, Administrator, and Michael A. Lilly, Attorney General, State of Hawaii

Rodrigo Rodrigues appeals the district court’s denial of his petition for habeas corpus. He claims that he was “acquitted” by the trial judge at the pretrial hearing on his insanity defense and that, as a consequence, a retrial is barred by the double jeopardy clause of the Fifth Amendment. We affirm the district court.

I.

FACTS AND PROCEEDINGS BELOW

On November 20, 1979, appellant Rodrigo Rodrigues was indicted on three counts of first-degree sodomy and one count of first-degree rape. On March 12, 1980, he filed a notice of intention to rely on the defense of mental disease, disorder, or defect excluding penal responsibility. After an examination by court-appointed doctors, Rodrigues moved for pretrial acquittal under Hawaii Rev.Stat. § 704-408 (1976) (repealed 1980). The First Circuit Court of Hawaii conducted a consolidated hearing on the motion for acquittal and the motion for determination of fitness to proceed.

On January 9, 1981, the court suspended the proceedings based on a finding that Rodrigues could not understand the proceedings or assist in his own defense, and it committed him to the Hawaii State Hospital. On June 25, 1982, the parties stipulated as to…