State v. Eberly

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NO. 22444 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ STATE OF HAWAI#I, Respondent-Appellant vs. BARDWELL EBERLY, Petitioner-Appellee _________________________________________________________________ CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 97-2172) ORDER DISMISSING CERTIORARI PROCEEDING (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon further consideration of the records and files in this case, it appears that the writ of certiorari herein was improvidently granted. Therefore, IT IS HEREBY ORDERED that this certiorari proceeding is dismissed. DATED: Honolulu, Hawai#i, January 16, 2001. On the briefs: Chester M. Kanai for petitioner-appellee Caroline M. Mee, Deputy Prosecuting Attorney, for respondent-appellant

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