§641-17 Interlocutory appeals from circuit courts, criminal matters. [Section effective until June 30, 2006. For section effective July 1, 2006, see below.] Upon application made within the time provided by the rules of the supreme court, an appeal in a criminal matter may be allowed to a defendant from the circuit court to the supreme 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]

§641-17 Interlocutory appeals from circuit courts, criminal matters. [Section effective July 1, 2006. For section effective until June 30, 2006, see above.] 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]

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."

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.