STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee,
Petitioner/Defendant-Appellant's application for writ of certiorari filed on April 30, 2009, is hereby accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling.
DATED: Honolulu, Hawai‘i, May 29, 2009.
1. Considered by: Moon, C.J.,
Nakayama, Acoba, and Duffy, and Circuit Judge Kim, assigned by reason
of vacancy.