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STATE v. SPILLNER

No. 27722.

173 P.3d 498 (2007)

STATE of Hawai`i, Plaintiff-Appellee-Respondent, v. Michael SPILLNER, Defendant-Appellant-Petitioner.

Supreme Court of Hawai`i.

December 24, 2007.

Attorney(s) appearing for the Case

Brian R. Vincent, Deputy Prosecuting Attorney, for the plaintiff-appellee-respondent State of Hawai`i.

Okechukwu Amadi, Deputy Public Defender (DPD), (Deborah L. Kim, DPD, on the application; Lila C.A. King, DPD, on the briefs), for the defendant-appellant-petitioner Michael Spillner.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ., and ACOBA, J., Dissenting Separately.

Opinion of the Court by LEVINSON, J.

On July 20, 2007, the defendant-appellant-petitioner Michael Spillner filed an application for a writ of certiorari urging this court to review the summary disposition order (SDO) of the Intermediate Court of Appeals (ICA) in State v. Spillner, No. 27722, 113 Haw. 507, 155 P.3d 690, 2007 WL 1114121 (Haw.App. Apr. 13, 2007) [hereinafter, "the ICA's SDO"], which affirmed the `Ewa district...

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