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State v. Durham

Supreme Court of Hawaii
Jun 14, 2011
125 Haw. 249 (Haw. 2011)

Opinion

No. SCWC-29923.

June 14, 2011.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 07-1-0220(2))

Leslie K. Iczkovitz, for petitioner/defendant-appellant, on the motion.

By: RECKTENWALD, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge BORDER, assigned due to a vacancy.


ORDER GRANTING MOTION FOR RECONSIDERATION, IN PART, AND AMENDING OPINION

Petitioner/Defendant-Appellant Cornelius Wesley Durham's motion for reconsideration filed on June 6, 2011, requesting that this court review its published opinion filed on May 27, 2011, is hereby granted, in part.

The said opinion is amended as follows (deletions are stricken and additions are double underscored):

Lines 4 through 7 of Part B on page 3: (Billings). In May 2008, Billings presented Petitioner with a "Behavioral Lapse Contract" (contract) because, according toBumanglag and Billings,respectively, Petitioner, he had had sexual contact with a co-worker and students, making it likely that he would relapse. The contract

Lines 16-18 from the bottom of page 7: Secondly, [Petitioner] has used his prominent statute, as a former instructor and-counselor, for sexual gratification as he . . . has previously slept with students and clients. As

3. Line 8 from the bottom of page 7: that he is not a victim, he is a predator. . . . .

The Clerk of the Court is directed to take all necessary steps to notify the publishing agencies of these changes.

The motion is denied in all other respects.


Summaries of

State v. Durham

Supreme Court of Hawaii
Jun 14, 2011
125 Haw. 249 (Haw. 2011)
Case details for

State v. Durham

Case Details

Full title:STATE OF HAWAI'I, Respondent/Plaintiff-Appellee v. CORNELIUS WESLEY…

Court:Supreme Court of Hawaii

Date published: Jun 14, 2011

Citations

125 Haw. 249 (Haw. 2011)