NO.  27844

 

 

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I






FRANK O. LOHER, Petitioner-Appellant,

v.

STATE OF HAWAI‘I, Respondent-Appellee






APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(S.P.P. NO. 05-01-0067; CR. NO. I99-0-1621)



ORDER
(By: Leonard, J.)

Upon consideration of Petitioner-Appellant Frank O. Loher's August 4, 2008 for the Appointment of Counsel and Petitioner's Objection to Affirming in Part, the papers in support, and the records and files herein, (a) Appellant requests the following:

(1)    grant him counsel to represent him in this matter;
(2)    grant him a remedial release due [to] the lower court's violation of forcing Loher to testify; (3)based upon the
         Double Jeopardy Clause, release Loher because he cannot be tried twice for the same offense; (4) grant him a                 retrial for violating his U.S. Constitutional Rights; and (5) any favorable action which does not violate his U.S.
        Constitutional Rights."

(b) in the opinion issued on July 14, 2008, this court remanded the case to the circuit court for appointment of counsel and a hearing; and (c) Appellant fails to show he is entitled to any further relief at this time. Therefore,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai'i, August 27, 2008.