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FAGARAGAN v. STATE

No. SCWC-11-0000592.

320 P.3d 889 (2014)

132 Haw. 224

Erwin E. FAGARAGAN, Petitioner/Petitioner-Appellant, v. STATE of HAWAI`I, Respondent/Respondent-Appellee.

Supreme Court of Hawai'i.

As Corrected March 21, 2014.

Attorney(s) appearing for the Case

Erwin E. Fagaragan, pro se.

Lisa M. Itomura and Diane K. Taira , Honolulu, for respondent.

ACOBA, McKENNA, and POLLACK, JJ., with RECKTENWALD, C.J., Dissenting, with Whom NAKAYAMA, J., Joins.

Opinion of the Court by POLLACK, J.

Petitioner/Petitioner-Appellant Erwin E. Fagaragan (Fagaragan) seeks review the Intermediate Court of Appeals' (ICA) October 18, 2012 Judgment on Appeal (ICA Judgment) filed pursuant to its September 19, 2012 Summary Disposition Order (SDO), which affirmed the Circuit Court of the Second Circuit's (circuit court) July 18, 2011 Findings of Fact, Conclusions of Law, and Order Denying the Rule 40 Petition for Post-Conviction Relief...

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