Electronically Filed Supreme Court SCAP-XX-XXXXXXX 08-JAN-2020 SCAP-XX-XXXXXXX 11:35 AM IN THE SUPREME COURT OF THE STATE OF HAWAII

STATE OF HAWAII, Plaintiff-Appellee, vs. JOSEPH PITTS, Defendant-Appellant.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CAAP-XX-XXXXXXX; CR. NO. 09-1-0097) ORDER OF CORRECTION (By: Pollack, J.)

IT IS HEREBY ORDERED that the Opinion of the Court, filed December 17, 2019, is corrected as follows: On page 35, footnote 14, at the end of the text of footnote 14, add the following sentence and citation: In remanding the case, we have concluded that the asserted prosecutorial misconduct in this case was not individually or cumulatively “so egregious” as to bar retrial.

Underwood, 142 Hawaii at 329, 418 P.3d at 670.

The Clerk of the Court is directed to take all necessary steps to notify the publishing agencies of this change.

DATED: Honolulu, Hawaiʻi, January 8, 2020. /s/ Richard W. Pollack Associate Justice