                                                         Electronically Filed
                                                         Supreme Court
                                                         SCWC-14-0001074
                                                         14-DEC-2016
                                                         09:52 AM

                          SCWC-14-0001074

          IN THE SUPREME COURT OF THE STATE OF HAWAII
________________________________________________________________

       DOUGLAS BITTERMAN, Petitioner/Petitioner-Appellant,

                                 vs.

        STATE OF HAWAII, Respondent/Respondent-Appellee.
________________________________________________________________

         CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
             (CAAP-14-0001074; S.P.P. NO. 12-1-0009)

       ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI,
 VACATING THE INTERMEDIATE COURT OF APPEALS’ JUDGMENT ON APPEAL,
AND REMANDING THE CASE TO THE CIRCUIT COURT OF THE THIRD CIRCUIT

    (By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ., and
       Circuit Judge Trader, in place of Pollack, J., recused)

     Petitioner/Petitioner-Appellant Douglas Bitterman’s
application for writ of certiorari filed on November 1, 2016, is
hereby accepted.
     IT IS ORDERED that the Intermediate Court of Appeals’
October 13, 2016 Judgment on Appeal is vacated and this case is
remanded to the Circuit Court of the Third Circuit (“Circuit
Court”) for further proceedings.
     IT IS FURTHER ORDERED that upon remand, the Circuit Court
is to arrange for supplementation of the record with (1) the
transcripts of Petitioner’s 2011 and 2012 minimum term hearings
held before the Hawaii Paroling Authority; and (2) Petitioner’s
Pre-Sentence Investigation Report in Criminal No. 96-114, which
is to be filed under seal; thereafter, the Circuit Court shall
proceed accordingly.
    DATED:   Honolulu, Hawaii, December 14, 2016.

                              /s/ Mark E. Recktenwald

                              /s/ Paula A. Nakayama

                              /s/ Sabrina S. McKenna

                              /s/ Michael D. Wilson

                              /s/ Rom A. Trader




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