Libero v. State ( 2015 )

Electronically Filed
Supreme Court
SCWC-13-0000415
08-JUN-2015
03:21 PM
SCWC-13-0000415
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
JAMES K. LIBERO,
Petitioner/Petitioner-Appellant,
vs.
STATE OF HAWAI#I,
Respondent/Respondent-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-13-0000415; S.P.P. NO. 13-1-0002; CR. NO. 98-0697)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
It appearing that the judgment on appeal in the above-
referenced matter not having been filed by the Intermediate Court
of Appeals at the time the application for writ of certiorari was
filed, see Hawai#i Revised Statutes § 602-59(a) (Supp. 2013); see
also Hawai#i Rules of Appellate Procedure (HRAP) Rule 36(b)(1)
(2012),
IT IS HEREBY ORDERED that Petitioner/Petitioner-
Appellant’s application for writ of certiorari, filed
June 5, 2015, is dismissed without prejudice to re-filing the
application pursuant to HRAP Rule 40.1(a) (2014) (“The
application shall be filed within thirty days after the filing of
the intermediate court of appeals’ judgment on appeal or
dismissal order, unless the time for filing the application is
extended in accordance with this rule.”).
DATED: Honolulu, Hawai#i, June 8, 2015.
James K. Libero, /s/ Mark E. Recktenwald
petitioner pro se
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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