NO. 28483



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




STATE OF HAWAI`I, Plaintiff-Appellant


vs.



BRIAN JESS, Defendant-Appellee




RESERVED QUESTION FROM THE CIRCUIT COURT
OF THE FIRST CIRCUIT, STATE OF HAWAI`I
(CR. NO. 00-1-0422)





ORDER ACCEPTING RESERVED QUESTION
(By: Duffy, J. for the court (1))

Upon consideration of the order issued by the circuit court of the first circuit reserving for the consideration of the supreme court, pursuant to HRS § 602-5(a)(2) (Supp. 2006) and HRAP 15, a question of law arising before the circuit court in Cr. No. 00-1-0422,

IT IS HEREBY ORDERED that the reserved question is accepted.

IT IS FURTHER ORDERED that:

1.     Plaintiff State of Hawai`i shall be regarded as the appellant for the purpose of this proceeding.

2.     Defendant Brian Jess shall be regarded as the appellee.

3.     Appellant shall file an opening brief within 40 days of the date of this order. The brief shall conform to the briefing requirements of HRAP 28(b), except that points of error and standards of review need not be provided.

4.     Appellee shall file an answering brief within the time provided by HRAP 28(c). The brief shall conform to the briefing requirements of HRAP 28(c), except that standards of review need not be provided.

5.     Appellant may file a reply brief in accordance with HRAP 28(d).

6.     Extensions of time for briefing will not be granted.

DATED: Honolulu, Hawai`i, April 26, 2007.




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