Karagianes v. State

 Annotate this Case
Download PDF
*** NO T FO R PUBLICATION *** NO. 23106 IN THE SUPREME COURT OF THE STATE OF HAWAI#I GARY G. KARAGIANES, Appellant-Appellant vs. STATE OF HAWAI#I, Defendant-Appellee APPEAL FROM THE FIRST CIRCUIT COURT (CR. NOS. 97-2226N and 97-2236) (By: SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Appellant-appellant Gary G. Karagianes (Karagianes) appeals from the May 26, 1999 order of the circuit court of the first circuit, the Honorable Kevin S.C. Chang presiding, dismissing his appeal of the Hawai#i Paroling Authority s (HPA) Notice and Order Fixing Minimum Term(s) of Imprisonment for lack of jurisdiction. On appeal, Karagianes argues that the circuit court erred (1) in holding that it lacked jurisdiction to review the HPA s decision and (2) in dismissing his appeal without a hearing. Upon carefully reviewing the record and the briefs submitted and having given due consideration to the issues raised and arguments advanced, we hold that minimum term hearings are not contested cases as defined by Hawai#i Revised Statutes (HRS) § 91-1(5), inasmuch as: (1) minimum term hearings are not adversarial proceedings; (2) there is no right to cross-examine witnesses; (3) no burden of producing evidence or burden of persuasion is placed upon any specific participant; (4) there is no right to submit rebuttal evidence; and (5) participants merely have the opportunity to present testimony and comments. See Turner v. Hawai#i Paroling Auth., 93 Hawai#i 298, 1 P.3d 768 (App. *** NO T FO R PUBLICATION *** 2000); Barnett v. State, 91 Hawai#i 20, 979 P.2d 1046 (1999); Hawai#i Administrative Rules (HAR) § 23-700-22. 91-14 is not implicated in the present case. As such, HRS § See HRS § 91-14. Therefore, IT IS HEREBY ORDERED that the circuit court s May 26, 1999 order granting the HPA s motion to dismiss for lack of jurisdiction in lieu of certification and transmission of record, from which the appeal is taken, is affirmed. DATED: Honolulu, Hawai#i, January 30, 2004. On the briefs: Anthony L. Ranken for appellant-appellant Gary G. Karagianes Lisa M. Itomura, Deputy Attorney General, for appellee-appellee Hawai#i Paroling Authority 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.