NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


NO. 27923




IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I







STATE OF HAWAI‘I, Plaintiff-Appellee,
v.
DIETER OFFERMAN, Defendant-Appellant





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 05-1-0533)




ORDER OF CORRECTION
(By: Nakamura, J., for the court (1))

The Memorandum Opinion of the court, filed on July 17, 2008, is hereby corrected as follows:

1.     On page 7, in the 9th line from the top of the page, the word "Recipient" should be corrected to read "Recipient's" so that as corrected, the line reads as follows: "The Recipient's Rights Section appears in legible, bold print on . . . ."

2.     On page 8, in the 5th line from the top of the page, the word "of" should be inserted between the words "expectation" and "privacy," so that as corrected, the line reads as follows: "Offerman had no expectation of privacy in the subscriber information . . . ."

3.     On page 10, in the first line of footnote 13, the word "Title" should be deleted from beginning of the statutory citation so that as corrected, the line reads: "28 U.S.C. § 455(a), which is entitled "Disqualification of . . . ."

4.     On page 11, in the 1st line from the top of the page, a period should be inserted after the word "disqualification" so that as corrected, the line reads as follows: "experience . . . is not sufficient" to warrant disqualification.);"

The clerk of the court is directed to incorporate the foregoing changes in the original opinion and take all necessary steps to notify the publishing agencies of these changes.

DATED: Honolulu, Hawai‘i, August 8, 2008.




1.     Foley, Presiding Judge, Nakamura, and Fujise, JJ.