NO. 27248



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Petitioner-Appellee,


vs.



PHILIP KALA KEKUEWA, Respondent-Appellant.



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(HPD TRAFFIC NOS. 004151343; 004151341; 004151338)






ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
AND REQUESTING FURTHER BRIEFING
(By: Nakayama, J., for the court (1))

Petitioner-Appellee State of Hawaii's Application for Writ of Certiorari filed on November 6, 2006, is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling.

IT IS FURTHER ORDERED that the parties shall, within 30 days from the date of this order, file a supplemental brief addressing the issue whether this court's interpretation of Hawai`i Revised Statutes ("HRS") § 291E-61(b) (Supp. 2002), in State v. Domingues, 106 Hawai`i 480, 107 P.3d 409 (2005), is applicable to the underlying prosecution commenced on October 11, 2004, given the subsequent amendments made to HRS § 291E-61(b) effective January 1, 2004. See 2003 Haw. Sess. L. Act 71, § 1, at 123-24. The supplemental briefs shall not exceed 15 pages.

DATED: Honolulu, Hawai`i, December 14, 2006.


Brian R. Vincent
for petitioner-appellee
on the writ




1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.