State v. Wing Chiu Ng

Opinion of the Court by

LIM, j.

Wing Chiu Ng (Ng) appeals, pro se, the order of the district court of the first circuit.1 The district court’s order summarily denied Ng’s petition for post-conviction relief, which he brought under Hawaii Rules of Penal Procedure (HRPP) Rule 40 (2002) (the Rule 40 petition).

Because Ng previously could have raised, but knowingly, understanding^ and without justification failed to raise, the issues he sought to raise in his Rule 40 petition—and thus waived them, HRPP Rule 40(a)(3), we affirm.

I. Background.

On June 8, 1999, after a bench trial2 in which he was…