State v. Eberly

Opinion of the Court by

LEVINSON, J.

On April 12, 2005, the plaintiff-appellee-petitioner State of Hawaii [hereinafter, “the prosecution”], filed an application for a writ of certiorari, requesting that this court review the published decision of the Intermediate Court of Appeals (ICA) in State v. Eberly, No. 24750, 108 Hawai'i 61, 116 P.3d 703, 2005 WL 605551 (Haw.App. Mar 15, 2005) [hereinafter, “the ICA’s opinion”], (1) vacating the October 12, 2001 judgment of the circuit court of the first circuit, the Honorable Michael A. Town presiding, which convicted the defendant-appellant-respondent…