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AKAU v. STATE

SCWC-13-0003754.

439 P.3d 111 (2019)

Timmy Hyun Kyu AKAU, Petitioner/Petitioner-Appellant, v. STATE of Hawai`i, Respondent/Respondent-Appellee.

Supreme Court of Hawai`i.

March 5, 2019.

Attorney(s) appearing for the Case

Earle A. Partington , Honolulu, for Petitioner.

Brian R. Vincent for Respondent.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.

In 2013, Timmy Hyun Kyu Akau (Akau) filed a petition with the District Court of the First Circuit (district court) pursuant to Hawai`i Rules of Penal Procedure (HRPP) Rule 40 to vacate, set aside, or correct his 1987 conviction for driving while under the influence of an intoxicating liquor (DUI). The district...

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