State v. Robinson

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NO. 23241 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, vs. MARK ALAN ROBINSON, Defendant-Appellant. APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT, HONOLULU DIVISION (CR. NO. 94-472598) (By: SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) The defendant-appellant Mark Alan Robinson appeals from the judgment of the district court of the first circuit, the Honorable Norman I. Lewis presiding, convicting him of and sentencing him for the offense of criminal contempt of court, in violation of Hawai#i Revised Statutes (HRS) ยง 710-1077(1)(g) (1993), entered on September 1, 1999. Robinson argues that the district court erred in convicting him because there was no substantial evidence that Robinson telephoned Carolyn Corrigan on November 7, 1994, in violation of a court order. Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we affirm the district court s judgment. Robinson raised the claims he advances in his present appeal in his first appeal. With respect to his first appeal, this court held, inter alia, that these claims were without merit. See Amended Summary Disposition Order in No. 19815, entered April 27, 1998. Because we perceive no reason to depart from the law of the case doctrine in this matter, Robinson is precluded from reasserting claims upon which this court has already ruled. Therefore, IT IS HEREBY ORDERED that the district court s judgment from which the appeal is taken is affirmed. DATED: Honolulu, Hawai#i, October 10, 2001. On the briefs: Jon N. Ikenaga, Deputy Public Defender, for the defendant-appellant, Mark Robinson Don Fudo, Deputy Prosecuting Attorney, for the plaintiff-appellee, State of Hawai#i 2

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