NO. 28083
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
JUSTIN VANDENBERG, Petitioner-Petitioner-Appellant,
vs.
STATE
OF HAWAI‘I, Respondent-Respondent-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(S.P.P. NO.
05-1-0029)
ORDER REJECTING APPLICATION FOR
WRIT OF CERTIORARI
(By:
Nakayama, J., for the court (1))
Petitioner-Petitioner-Appellant's application for writ of certiorari
filed on August 25, 2009, is hereby rejected.
DATED: Honolulu,
Hawai‘i, October 9, 2009.
DISSENT BY ACOBA, J.
I dissent and would accept certiorari.
Dwight C.H. Lum for
petitioner-petitioner-
appellant on the writ
1. Considered by: Moon, C.J.,
Nakayama, Acoba, and Duffy, JJ., and Circuit Judge Trader, in place of
Recktenwald, J.,
recused.