State v. De Guair

Concurring and Dissenting Opinion by

ACOBA, J.

I concur in part and dissent in part. I would affirm the April 26, 2004 order of the circuit court of the third circuit (the court) denying the Hawai'i Rules of Penal Procedure (HRPP) Rule 40 petition for post-conviction relief filed by Petitioner-Appellant Walter De Guair (Defendant) on the ground that, inter alia, “[i]t is appropriate for [the court] to deny Defendant’s Petition for Post-conviction relief without a hearing, and to deny Defendant’s Motion to Stay the [HRPP] Rule 40 Proceedings pending the outcome of the appeal of the denial of his…