Coulter v. State

Opinion of the Court by

DUFFY, J.

Petitioner Michael Edward Coulter seeks review of the Intermediate Court of Appeals’ (ICA) January 22, 2007 judgment, which affirmed the circuit court of the first circuit’s November 29, 2004 Findings of Fact, Conclusions of Law, and Order Denying Petition for Post-Conviction Relief. 1 We accepted Coulter’s application for a writ of certiorari and vacate the judgment of the ICA.

Coulter asserts that the ICA gravely erred in affirming the circuit court order which denied his Hawaii Rules of Penal Procedure (HRPP) Rule 40 Petition for post-conviction relief.…