Holmes v. State
CourtHawaii Supreme Court
Date FiledSeptember 14, 2026
DocketSCWC-24-0000719
StatusPublished
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Full Opinion
Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
14-SEP-2026
11:26 AM
Dkt. 11 OGAC
SCWC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
ERNEST HOLMES,
Petitioner/Petitioner-Appellant
vs.
STATE OF HAWAIʻI,
Respondent/Respondent-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; CASE NO. 1CSP-XX-XXXXXXX)
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
(By: Devens, C.J., McKenna, Eddins, and Ginoza, JJ.,
and Circuit Judge Char, assigned by reason of vacancy)
Pursuant to this court’s discretion set forth in
Hawaiʻi Revised Statutes § 602-59(a), Petitioner’s Application
for Writ of Certiorari, filed on July 16, 2026, is accepted and
will be scheduled for oral argument. The parties will be
notified by the appellate clerk regarding scheduling.
It is further ordered that the case is temporarily
remanded to the Circuit Court of the First Circuit (circuit
court) for the appointment of counsel for Petitioner. The
circuit court shall, within three days of remand, file an order
appointing counsel. The clerk of the circuit court, within
three days thereafter, shall file a supplemental record that
includes that order.
It is further ordered that the parties shall submit
supplemental briefing on the following:
1. Whether a convicted sex offender’s due process right
to a judicial hearing, provided under article I,
section 5 of the Hawaiʻi Constitution, “at which
evidence may be offered to demonstrate that
continuance of all or part of their lifetime
registration requirements are not necessary in [their]
case to fulfill the public need to which the sex
offender act responded (termination hearing)[,]” is
satisfied as long as such a hearing is provided at
“some time[,]” pursuant to State v. Guidry, 105 Hawaiʻi
222, 234, 96 P.3d 242, 254 (2004).
2. Whether a mandatory forty-year waiting period, as
provided under HRS § 846E-10(f), is facially violative
of a convicted sex offender’s due process right to a
termination hearing at a meaningful time and in a
meaningful manner.
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Within forty days after the clerk of the circuit court
files the supplemental record, each party shall file a
supplemental brief, not exceeding twenty pages in length,
exclusive of title pages(s), indices, appendices, and
certificate of service. No responses shall be filed.
DATED: Honolulu, Hawaiʻi, September 14, 2026.
/s/ Vladimir P. Devens
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Stephanie R. Char
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