STATE v. JACKSON, 29842 (Haw. 7-22-2010)

STATE OF HAWAI’I, Petitioner/Plaintiff-Appellant, v. MARWAN TIMOTHY SAAD JACKSON, Respondent/Defendant-Appellee.

No. 29842Supreme Court of Hawaii.
July 22, 2010.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 06-1-0045)

By: ACOBA, J., for the court[1] ; and RECKTENWALD, J., for the dissent.[2]

[1] The majority: Acoba, and Duffy, JJ., and Circuit Judge Crandall, in place of Moon, C.J., recused.

[2] The dissent: Nakayama, Acting C.J. and Recktenwald, J.

ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI
The Application for Writ of Certiorari filed on June 7, 2010 by Petitioner/Plaintiff-Appellant State of Hawai’i is hereby rejected.

Page 1

RECKTENWALD, J.

DISSENT
I respectfully dissent.

I would accept the application for writ of certiorari for the reasons set forth in Chief Judge Nakamura’s dissent in the Intermediate Court of Appeals. See State v. Jackson, No. 29842, 2010 WL 1679575 (App., Apr. 21, 2010).