STATE v. KEKONA, 28634 (Haw.App. 8-12-2009)

By: WATANABE, Acting C.J., for the court.[fn1] [fn1] Watanabe, Acting C.J., and Foley, J. The third member of the panel on this appeal, then-Chief Judge Mark E. Recktenwald, was sworn in as an Associate Justice of the Hawaii Supreme Court on May 11, 2009.

IT IS HEREBY ORDERED that the Opinion of the Intermediate Court of Appeals filed on May 11, 2009 is hereby corrected as follows:

(1) On page 16, in line 10 from the top of the page, the word "than" shall be replaced with "then" so that the line reads as follows:

evidence of the acts on unspecified doubts." The defense then

(2) On page 20, in line 12 from the top of the page, "Kishianne's" shall be replaced with "Kishanne's" so that the line reads as follows:

Kishanne's trial testimony:

(3) On page 27, in the second to the last line, "Kaualoko" shall be replaced with "Kaualoku" so that the line reads as follows:

mean?" Denton and Kaualoku got out of the car after Kekona shot

The Clerk of the Court is directed to make the aforementioned corrections to the original opinion and take all necessary steps to notify the publishing agencies of the corrections.