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LEWI v. STATE

SCWC-16-0000090.

452 P.3d 330 (2019)

Desmond J. LEWI, Petitioner/Petitioner-Appellant, v. STATE of Hawai`i, Respondent/Respondent-Appellee.

Supreme Court of Hawai`i.

November 7, 2019.

Attorney(s) appearing for the Case

Keith S. Shigetomi , Honolulu, for petitioner.

Ricky R. Damerville , Hilo, and Suzanna L. Tiapula (with him on the briefs) for respondent State of Hawai`i.

Richard Stacey , Honolulu, for respondent Hawai`i Paroling Authority.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.

I. Introduction

We hold that Desmond J. Lewi's ("Lewi") Hawai`i Rules of Penal Procedure ("HRPP") Rule 40 petition stated a colorable claim that the Hawai`i Paroling Authority ("HPA") violated his due process rights by arbitrarily and capriciously determining that he was a "Level III" offender for purposes...

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