Quach v. State - Certiorari Application Denied
Summary
The Hawaii Supreme Court rejected Toan Quach's application for writ of certiorari challenging his criminal conviction. The five-justice court (with Justice Ginoza dissenting) denied review without explanation. The certiorari denial means the Intermediate Court of Appeals decision stands and the criminal case proceeds to final resolution.
What changed
The Hawaii Supreme Court issued a one-paragraph order denying certiorari review in SCWC-23-0000696. The petitioner's application, filed March 6, 2026, challenged the Intermediate Court of Appeals ruling in CAAP-23-0000696. Four justices (Acting C.J. McKenna, Eddins, Devens, and Circuit Judge Ashford) signed the rejection order; Justice Ginoza dissented from the denial.\n\nCriminal defendants in Hawaii facing similar procedural postures should understand that certiorari denial does not constitute precedent or indicate error was found. The underlying conviction (Criminal No. 1PC07100242) and the Intermediate Court of Appeals decision remain intact. Petitioners seeking further review would need to explore extraordinary writ remedies or federal habeas corpus if applicable.
Source document (simplified)
Electronically Filed Supreme Court
SCWC-23-0000696 06-APR-2026 02:40 PM Dkt. 9 ODAC
SCWC-23-0000696 IN THE SUPREME COURT OF THE STATE OF HAWAII TOAN QUACH, Respondent/Petitioner-Appellant, vs. STATE OF HAWAIʻI, Petitioner/Respondent-Appellee. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-23-0000696; S.P.P. NO. 1CPN-23-0000017; CRIMINAL NO. 1PC07100242) ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI (By: McKenna, Acting C.J., Eddins, and Devens, JJ., and Circuit Judge Ashford, assigned by reason of vacancy; and Ginoza, J., dissenting) Petitioner's Application for Writ of Certiorari, filed on March 6, 2026, is hereby rejected. DATED: Honolulu, Hawaiʻi, April 6, 2026. /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Vladimir P. Devens /s/ James H. Ashford
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