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STATE v. NG

No. 25029.

93 P.3d 1181 (2004)

105 Hawai'i 74

STATE of Hawai'i, Plaintiff-Appellee, v. Wing Chiu NG, Defendant-Appellant.

Intermediate Court of Appeals of Hawai'i.

Certiorari Denied July 27, 2004.

Attorney(s) appearing for the Case

Wing C. Ng, on the briefs, pro se.

Mangmang Qiu Brown, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for plaintiff-appellee.

LIM, J. and FOLEY, J., Concurring, with whom WATANABE, Acting C.J., joins.

Opinion of the Court by LIM, J.

Wing Chiu Ng (Ng) appeals, pro se, the order of the district court of the first circuit.1 The district court's order summarily denied Ng's petition for post-conviction relief, which he brought under Hawaii Rules of Penal Procedure (HRPP) Rule 40 (2002) (the Rule 40 petition).

Because Ng previously could have raised, but knowingly, understandingly and without justification failed to raise,...

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