IN THE SUPREME COURT OF THE STATE OF HAWAI`I





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STATE OF HAWAI`I, Petitioner-Appellee, v. HENRY ROSS,

Respondent-Appellant





NO. 20901





ORDER OF AMENDMENT





(CR. NOS. 95-338 AND 95-339)





MAY 25, 1999





MOON, C.J., LEVINSON, NAKAYAMA, AND RAMIL, JJ, AND

CIRCUIT JUDGE NAKATANI IN PLACE OF KLEIN, J., RECUSED





The opinion of the court, filed on December 9, 1998, is hereby amended as follows:

1. Page 3. Last sentence of the middle paragraph is amended to read: "In denying Ross's motion, the judge noted that 'the recusal order is in a sense moot because your trial is gonna [sic] be conducted with a different judge anyway.'" (changes emphasized).

2. Page 4. In the first full sentence of the page, "cotrustee" is amended to read "co-trustee."

3. Page 4. In the third sentence of the middle paragraph, "catches" is amended to read "caught."

4. Page 4. In the fourth sentence of the middle paragraph, "sells" is amended to read "sold."

The Clerk of the Court is directed to incorporate the foregoing changes into the original opinion and take all necessary steps to notify the publishing agencies of these changes.