Opinion of the Court by BURNS, C.J.
Petitioner-Appellant David Monalim (Monalim) appeals the October 20, 1997 Order Denying Petitioner's Petition for Post Conviction Relief denying Monalim's August 8, 1997 Hawai`i Rules of Penal Procedure Rule 40 petition (Rule 40 Petition) without a hearing. We vacate and remand.
In this opinion, we decide what rights are afforded to and what burdens are imposed upon the parties when the Hawai`i Paroling Authority (HPA) fails...
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