NO. 27476



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




STATE OF HAWAI`I,
Respondent/Plaintiff-Appellee/Cross-Appellant

vs.



IJEVA MATAVALE,
Petitioner/Defendant-Appellant/Cross-Appellee


CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(FC-CRIMINAL NO. 05-1-1397)




ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
(By: Duffy, J., for the court (1))

Petitioner/Defendant-Appellant/Cross-Appellee Ijeva Matavale's application for a writ of certiorari filed on November 27, 2006, is hereby accepted and will be scheduled for oral argument on the following sole issue: "whether the Family Court committed reversible error when it instructed the jury to continue deliberations and directed the jury to a previously- promulgated instruction after the jury had indicated that it was deadlocked." The parties will be notified by the appellate clerk regarding scheduling.

IT IS FURTHER ORDERED that the parties may, within 30 days from the date of this order, file a supplemental brief
addressing the sole issue to be discussed in oral argument. The supplemental briefs shall not exceed 10 pages.

DATED: Honolulu, Hawai`i, December 21, 2006.



Katie L. Lambert,
and Deborah L. Kim,
Deputy Public Defenders
for petitioner/defendant-
appellant/cross-appellee
on the application



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