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STATE v. VILLIARIMO

No. SCWC-10-0000109.

320 P.3d 874 (2014)

132 Haw. 209

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Joseph D. VILLIARIMO, Petitioner/Defendant-Appellant.

Supreme Court of Hawai'i.

February 12, 2014.

Attorney(s) appearing for the Case

Taryn R. Tomasa and Henry Ting , Honolulu, for petitioner.

Artemio C. Baxa , Wailuku, for respondent.

ACOBA, McKENNA, and POLLACK, JJ.; with NAKAYAMA, J., concurring, with whom RECKTENWALD, C.J., joins.

Opinion of the Court by ACOBA, J.

We hold that the Family Court of the Second Circuit (the court)1 abused its discretion in denying the request for a continuance made by Petitioner/Defendant-Appellee Joseph D. Villiarimo (Villiarimo). The court failed to give reasons for its decision to deny the continuance, making the denial effectively unreviewable on appeal. Moreover, in probation modification or probation revocation hearings, courts...

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