State v. Line (Order Accepting Application for Writ of Certiorari and Requesting Further Briefing)

NO. 27850

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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STATE OF HAWAI‘I,
Respondent/Plaintiff-Appellee

vs.

MELODY C. LINE,
Petitioner/Defendant-Appellant

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CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CR. NO. 05-1-0429(3))

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

Petitioner/Defendant-Appellant Melodie C. Line's application for writ of certiorari, filed on May 22, 2009, is 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 file a supplemental brief addressing the issue of whether this court should recognize plain error on the part of the trial court and the intermediate court of appeals on the issue of whether a jury instruction should have been issued on the lesser included offense of hindering prosecution in the second degree, under Hawai‘i Revised Statutes § 710-1030. The supplemental briefs shall not exceed 5 pages in length and shall be filed by July 16, 2009.

DATED: Honolulu, Hawai‘i, July 6, 2009.

Gerald Johnson, on the
application for petitioner/
defendant-appellant.

1. Considered by: Moon, C.J., Nakayama, Acoba, and Duffy, JJ., and Circuit Judge Alm, assigned by reason of vacancy.