State v. McMillen (Order Dismissing Certiorari Proceeding)

NO. 28768

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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STATE OF HAWAI‘I, Respondent-Appellee,

vs.

YVONNE M. McMILLEN, Petitioner-Appellant.

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CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CR. NO. 06-1-1685)

ORDER DISMISSING CERTIORARI PROCEEDING

(By: Nakayama, J., for the court ⁽¹⁾
and Acoba, J., dissenting, with whom Moon, C.J., joins)

Upon further consideration of the records and files in this case, it appearing that the writ of certiorari herein was improvidently accepted,

IT IS HEREBY ORDERED that this certiorari proceeding is dismissed.

DATED: Honolulu, Hawai‘i, March 12, 2009.

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