§641-17  Interlocutory appeals from circuit
courts, criminal matters.  [L 2004, c 202, §71 amendment repealed
June 30, 2010.  L 2006, c 94, §1.]  Upon application made within the time
provided by the rules of court, an appeal in a criminal matter may be allowed
to a defendant from the circuit court to the intermediate appellate court,
subject to chapter 602, from a decision denying a motion to dismiss or from
other interlocutory orders, decisions, or judgments, whenever the judge in the
judge's discretion may think the same advisable for a more speedy termination
of the case.  The refusal of the judge to allow an interlocutory appeal to the
appellate court shall not be reviewable by any other court. [L 1892, c 57, §74;
am L 1898, c 40, §2; am L 1903, c 32, §18; am L 1905, c 13, §1; RL 1925, §2515;
RL 1935, §3530; RL 1945, §9531; RL 1955, §210-1; HRS §641-31; am L 1972, c 89,
pt of §5; ren HRS §641-17; am L 1979, c 111, §6(6); gen ch 1985; am L 2004, c
202, §71]



 



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."



 



Case Notes



 



  This section is source of power to allow interlocutory
appeal.  44 H. 613, 617, 359 P.2d 932.



  Trial court shall carefully consider whether an interlocutory
appeal will more speedily determine litigation, and set forth its reasons if it
so concludes.  67 H. 510, 694 P.2d 388.



  While trial court's permission generally required before
bringing interlocutory appeal, not necessary where trial court denies pretrial
motion to dismiss an indictment on double jeopardy grounds.  79 H. 461, 903
P.2d 1282.



  Where defendant failed to file notice of interlocutory appeal
within thirty days from the date the order appealed from was entered, as
required by HRAP rule 4(b), defendant's appeal dismissed for lack of appellate
jurisdiction.  88 H. 404, 967 P.2d 236.



  Cited:  77 H. 351, 884 P.2d 729.