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State v. Phua

Citation: Not availableDocket: SCWC-11-0000686

Court: Hawaii Supreme Court; April 3, 2014; Hawaii; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Supreme Court of Hawai#i has accepted the Application for Writ of Certiorari filed by Han Kamakani Phua on February 20, 2014, in case number SCWC-11-0000686. The order, issued on April 3, 2014, specifies that no oral argument will be heard unless a party moves for retention of oral argument within ten days, in accordance with Rule 34(c) of the Hawai#i Rules of Appellate Procedure. The decision was made by Chief Justice Mark E. Recktenwald, along with Justices Paula A. Nakayama, Sabrina S. McKenna, Richard W. Pollack, and Circuit Judge Dean E. Ochiai, who substituted for the recused Justice Acoba.

Legal Issues Addressed

Acceptance of Application for Writ of Certiorari

Application: The Supreme Court of Hawai#i accepted the Application for Writ of Certiorari filed by the petitioner, indicating the court's willingness to review the lower court's decision.

Reasoning: The Supreme Court of Hawai#i has accepted the Application for Writ of Certiorari filed by Han Kamakani Phua on February 20, 2014, in case number SCWC-11-0000686.

Judicial Recusal and Substitution

Application: A substitution was made for a recused justice, ensuring the panel's integrity and impartiality.

Reasoning: The decision was made by Chief Justice Mark E. Recktenwald, along with Justices Paula A. Nakayama, Sabrina S. McKenna, Richard W. Pollack, and Circuit Judge Dean E. Ochiai, who substituted for the recused Justice Acoba.

Waiver of Oral Argument

Application: The court's order specifies that oral argument will not be heard unless a party requests it within a specified time frame, aligning with procedural rules.

Reasoning: The order, issued on April 3, 2014, specifies that no oral argument will be heard unless a party moves for retention of oral argument within ten days, in accordance with Rule 34(c) of the Hawai#i Rules of Appellate Procedure.