Background
Matthew Carter Davidson, the defendant-appellant, sought review of a decision arising from Intermediate Court of Appeals proceeding CAAP-24-0000367 and Circuit Court case 5CPC-21-0000019.
Davidson filed his application for a writ of certiorari on July 13, 2026. The September 11 order addresses only whether the Hawai‘i Supreme Court would accept the application and how the case would proceed; it does not resolve the appeal’s merits.
The Court’s Holding
Exercising its discretion under Hawai‘i Revised Statutes § 602-59(a), the Hawai‘i Supreme Court accepted Davidson’s application for a writ of certiorari.
The court also ordered that no oral argument would be heard. Under Hawai‘i Rules of Appellate Procedure Rule 34(c), however, any party may move within ten days for retention of oral argument. The order permits such a request but does not state that filing a timely motion will secure oral argument.
Key Takeaways
- The Hawai‘i Supreme Court accepted discretionary review of Davidson’s case.
- The order does not decide any substantive issue or disturb the judgment under review.
- No oral argument is presently scheduled, although a party may move within ten days to retain oral argument.
Why It Matters
The order advances the case to review by Hawai‘i’s highest court but provides no indication of how the court will decide the underlying legal issues.
For counsel, the immediate procedural point is that any request to retain oral argument must be made by motion within the specified ten-day period, with the court retaining authority to decide that request.