December 20, 2013
STATE OF HAWAI'I, Respondent/Plaintiff-Appellee,
RAYMOND JOHN BOOTS, JR., Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30128; FC-CR NO. 08-1-0182)
Robert K. Allen for petitioner
Shaunda A. K. Liu for respondent
Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ., and Circuit Judge Ochiai, in place of Acoba, J., recused)
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI AND AFFIRMING THE INTERMEDIATE COURT OF APPEALS' JUDGMENT ON APPEAL
On November 14, 2013, petitioner/defendant-appellant Raymond John Boots, Jr. (Raymond) filed an application for writ of certiorari seeking review of the September 16, 2013 judgment of the Intermediate Court of Appeals (ICA), including the ICA's August 2, 2013 Order Denying Motion for Reconsideration, wherein the ICA denied Raymond's request that it preserve his ability to raise an Hawai'i Rules of Penal Procedure (HRPP) Rule 40 petition with regard to his ineffective assistance of counsel claims.
Upon review of the application for writ to certiorari filed on November 14, 2013, by Petitioner/Defendant-Appellant Raymond John Boots, Jr.,
IT IS HEREBY ORDERED that the application for a writ of certiorari is accepted.
IT IS FURTHER ORDERED that the September 16, 2013 judgment of the Intermediate Court of Appeals is affirmed in all respects, except that the petitioner may file an HRPP Rule 40 petition challenging the Family Court of the Third Circuit's October 27, 2009 amended judgment on the grounds that he received ineffective assistance of counsel because (1) trial counsel did not cross-examine the complaining witness about her mental state on the day of the incident or because (2) trial counsel failed to call his other daughter to testify as a percipient witness.