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State v. Nilsawit

Intermediate Court of Appeals of Hawaii

February 18, 2016

STATE OF HAWAI'I, Plaintiff-Appellee,
v.
SIRIPORN NILSAWIT, Defendant-Appellant, and HAWAI'I NEWS NOW, Applicant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CASE NO. 1DCW-14-0001187)

David R. Major (Bays Lung Rose & Holma) for Applicant-Appellant.

Brian R. Vincent Deputy Prosecuting Attorney City and County of Honolulu for Plaintiff-Appellee.

FOLEY, PRESIDING J., FUJISE AND LEONARD, JJ.

OPINION

FOLEY, J.

Applicant-Appellant Hawaii News Now (HNN) appeals from the (1) "Findings of Fact and Conclusions of Law for [HNN's] Application for Extended Coverage and Order" (FOF/COL and Order), entered on December 12, 2014 and (2) "Order Denying [HNN's] Motion for Leave to File Appeal of Findings of Fact and Conclusions of Law for [HNN's] Application for Extended Coverage, " entered on March 5, 2015 in the District Court of the First Circuit[1] (district court).

On appeal, HNN contends the district court erred

(1) in holding, "the State had met its burden for limiting extended coverage under [Rules of the Supreme Court of the State of Hawai'i (RSCH)] Rule 5.1";

(2) "because the Findings of Fact contained in the Coverage Order are insufficient to serve as a basis for limiting extended coverage under [RSCH] Rule 5.1"; and

(3) "when it based the denial in the Appeal Order on HNN's decision not to file for administrative review[.]"

I. BACKGROUND

On April 29, 2014, HNN submitted an application for extended coverage[2] to the district court for the criminal case State v. Nilsawit, No. 1DCW-14-0001187 (Application for Extended Coverage). On that same day, the district court[3] granted HNN's request on the ground that no objection to extended coverage was made. Plaintiff-Appellee State of Hawai'i (State) submitted its objection to HNN's Application for Extended Coverage on May 16, 2014. On October 20, 2014, HNN submitted "[HNN's] Renewed Application for Extended Coverage" (Renewed Application). HNN requested that the district court

deny any objection from any party in the Criminal Proceeding and confirm the Order Granting Coverage affirming that HNN has the right to full and complete coverage of the Criminal Proceeding, including the filming, televising, and photographing of Officer Paul Goo and Siriporn Nilsawit. In the alternative, if the District Court is inclined to reconsider the Order Granting Coverage, the District Court must hold an evidentiary ...

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