§602-58 Application for transfer to the supreme court.

309 words·~1 min read·/hi/chapter-602/602-58

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The supreme court, in the manner and within the time provided by the rules of court, shall grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:

(1)A question of imperative or fundamental public importance;

(2)An appeal from a decision of any court or agency when appeals are allowed by law:

(A)Invalidating an amendment to the state constitution; or

(B)Determining a state statute, county ordinance, or agency rule to be invalid on the grounds that it was invalidly enacted or is unconstitutional, on its face or as applied, under either the constitution of the State or the United States; or

(3)A sentence of life imprisonment without the possibility of parole.

(b)The supreme court, in a manner and within the time provided by the rules of court, may grant an application to transfer any case within the jurisdiction of the intermediate appellate court to the supreme court upon the grounds that the case involves:

(1)A question of first impression or a novel legal question; or

(2)Issues upon which there is an inconsistency in the decisions of the intermediate appellate court or of the supreme court.

(c)The grant or denial of an application for transfer under subsection

(b)shall be discretionary and shall not be subject to further review. Denial of an application for transfer under subsection

(b)shall not prejudice a later application for a writ of certiorari. [L 1979, c 111, pt of §3; am L 2004, c 202, §58; am L 2006, c 93, §1 and c 94, §1; am L 2010, c 109, §1]

Law Journals and Reviews

The Development of Hawai‘i's Appellate Courts: An Organizational Perspective. 33 UH L. Rev. 875 (2011).