NO. 28849



IN THE SUPREME COURT OF THE STATE OF HAWAI‘I





STATE OF HAWAI‘I, Respondent/Plaintiff-Appellee

vs.

DOUGLAS MILLER, Petitioner/Defendant-Appellant




CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(FC-CR NO. 07-1-0309)





ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
(By: Acoba, J., for the court; and
Nakayama, J., dissenting, with whom Hirai, J., joins (1))

Petitioner/Defendant-Appellant Douglas Miller's application for writ of certiorari, filed on December 24, 2008, is accepted and will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling.

DATED: Honolulu, Hawai‘i, February 9, 2009.



Hayden Aluli, on the
application, for
petitioner/
defendant-appellant.

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