NO. 29163 - Thursday, January 7, 2010 - 9 a.m.
STATE OF HAWAI`I, Respondent/Plaintiff-Appellee, vs. JASON KELIIKOAIKAIKA KALAOLA, Petitioner/Defendant-Appellant. (Failure to Disperse)
Attorney(s) for Petitioner/Defendant-Appellant(s)
Honorable John M. Tonaki, Public Defender, and Taryn R. Tomasa, Deputy Public Defender
Attorney(s) for Respondent/Plaintiff-Appellee(s)
Honorable Peter B. Carlisle, Prosecuting Attorney, and Anne K. Clarkin, Deputy Prosecuting Attorney, City & County of Hawai`i
COURT: RTYM, CJ; PAN, SRA, JED & MER, JJ..
Petitioner/Defendant-Appellant Jason Keliikoaikaika Kalaola (Petitioner) filed an Application for Writ of Certiorari (Application) seeking review of the judgment of the Intermediate Court of Appeals pursuant to its May 29, 2009 Summary Disposition Order vacating his April 8, 2008 conviction in the Circuit Court for the First Circuit (court) for Failure to Disperse and remanding for a new trial. In his Application, Petitioner argues that there was not substantial evidence to sustain his conviction for not complying with an officer's orders to leave the immediate vicinity where several people were engaged in disorderly conduct and, therefore, his conviction should be reversed.