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NO. 23445 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ STATE OF HAWAI#I, Plaintiff-Appellee, vs. WARREN DAVID MILLER, Defendant-Appellant, and JIMMY ANTHONY HERNANDEZ, Defendant. _________________________________________________________________ APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 50583) SUMMARY DISPOSITION ORDER (By: Moon, C.J., Nakayama, and Duffy JJ., Circuit Judge Marks, in place of Levinson, J., recused, and Circuit Judge Wilson in place of Acoba, J., recused) Defendant-Appellant, Warren David Miller, appeals from the findings of fact, conclusions of law, and order denying application for conditional release from the Hawai#i State Hospital, filed on April 19, 2000, by the Circuit Court of the First Circuit, the Honorable Frances Q.F. Wong presiding. contends that the circuit court: Miller

(1) erred in concluding that he

is mentally ill; (2) denied him his constitutional right to confrontation with respect to the testimony of his younger daughter (taken in the judge's chambers); (3) abused its discretion by taking "judicial notice" of evidence in two sealed

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family court cases; (4) abused its discretion by using his acquittal as evidence of wrongdoing; (5) erred by relying upon hearsay in support of its finding of dangerousness; (6) did not have enough evidence to support its finding of sexual abuse; (7) abused its discretion by attempting to impose a biased medical panel on subsequent courts; and (8) abused its discretion by creating and attempting to impose on subsequent courts a new definition of "safe release" for purposes of HRS

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Hawaii Law