State v. Jackson

Full title: STATE OF HAWAI'I, Petitioner/Plaintiff-Appellant, v. MARWAN TIMOTHY SAAD…

Court: Supreme Court of Hawaii

Date published: Jul 22, 2010

No. 29842 (Haw. Jul. 22, 2010)

Opinion

No. 29842

July 22, 2010.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 06-1-0045)

By: ACOBA, J., for the court¹; and RECKTENWALD, J., for the dissent.²

1 The majority: Acoba, and Duffy, JJ., and Circuit Judge Crandall, in place of Moon, C.J., recused.

2 The dissent: Nakayama, Acting C.J. and Recktenwald, J.

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI

The Application for Writ of Certiorari filed on June 7, 2010 by Petitioner/Plaintiff-Appellant State of Hawai'i is hereby rejected.

RECKTENWALD, J.

DISSENT

I respectfully dissent.

I would accept the application for writ of certiorari for the reasons set forth in Chief Judge Nakamura's dissent in the Intermediate Court of Appeals. See State v. Jackson, No. 29842, 2010 WL 1679575 (App., Apr. 21, 2010).