§641-12  From district courts. [L 2004,
c 202, §69 amendment repealed June 30, 2010.  L 2006, c 94, §1.]  Appeals
upon the record shall be allowed from all final decisions and final judgments
of district courts in all criminal matters.  Such appeals may be made to the
intermediate appellate court, subject to chapter 602, whenever the party
appealing shall file notice of the party's appeal within thirty days, or such
other time as may be provided by the rules of the court.



Within a reasonable time after an appeal has
been perfected from a decision of a district court to the appellate court in a
criminal matter, it shall be incumbent upon the district court to make a return
thereof, together with all papers and exhibits filed in such case.



It shall be the duty of the clerk of the
supreme court to transmit within a reasonable time, to the district court from
whose decision the appeal was made, a statement showing the disposition of the
case. [L 1972, c 89, pt of §5; HRS §641-11.5; ren HRS §641-12; am L 1979, c
111, §6(3); gen ch 1985; am L 2004, c 202, §69]



 



Note



 



  L 2004, c 202, §82 provides:



  "SECTION 82.  Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."



 



Rules of Court



 



  Appeals, when taken, see HRAP rule 4.



 



Case Notes



 



  The supreme court does not have jurisdiction to entertain
appeals from interlocutory orders of the district courts in criminal cases.  57
H. 133, 552 P.2d 75; 62 H. 297, 613 P.2d 362.



  Where defendant's interlocutory appeal from district court's
denial of defendant's motion to dismiss on double jeopardy grounds did not
satisfy prerequisites of collateral order exception, supreme court did not have
to decide whether exception may apply to appeals from collateral orders of
district court.  82 H. 446, 923 P.2d 388.



  Where sentence imposed was not the final sentence because the
district court expressly left open the possibility that its sentence of
defendant might include an order requiring defendant to pay restitution, and
the court did not finally decide whether it would order defendant to pay
restitution and, if so, in what amount, the judgment was not final and, because
it was not final, it was not appealable.  109 H. 435 (App.), 127 P.3d 95.