No. 27844 (July 14, 2008)
Opinion [pdf]
OPINION OF THE COURT BY LEONARD, J.
Petitioner-Appellant Frank O. Loher (Loher), aka Frank Loher, appeals the Order Denying Petition for Post-Conviction Relief, filed on March 16, 2006 in the Circuit Court of the First Circuit (Circuit Court). The Circuit Court denied without a hearing Loher's Petition to Vacate, Set Aside, or Correct Judgment or to Release Prisoner from Custody, pursuant to Rule 40 of the Hawai'i Rules of Penal Procedure (HRPP), filed on October 18, 2005 (Rule 40 Petition). Loher raises numerous points of error.
. . . .
The Circuit Court's Order Denying Petition for Post-Conviction Relief, filed on March 16, 2006, is affirmed in part and vacated in part. This case is remanded for a HRPP Rule 40 hearing consistent with this opinion. [footnote omitted]
