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State v. Nilsawit

Intermediate Court of Appeals of Hawai'i

February 18, 2016

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

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

On the briefs:

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).

Page 709

[137 Hawai'i 215] 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 ...


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