Karagianes v. State ( 2019 )

Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
25-JUN-2019
09:37 AM
SCWC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GARY KARAGIANES,
Petitioner/Petitioner-Appellant,
vs.
STATE OF HAWAI#I,
Respondent/Respondent-Appellee,
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; S.P.P. NO. 16-1-0007; CR. NO. 92-0340)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI
(By: Nakayama, Acting, C.J., McKenna, Pollack, and Wilson, JJ.,
and Circuit Judge To#oto#o in place of Recktenwald, C.J., recused)
Upon consideration of Petitioner/Petitioner-Appellant
Gary Karagianes’ application for writ of certiorari and the
record, it appears that, while Petitioner timely obtained an
extension of time to file an application for writ of certiorari
from the Intermediate Court of Appeals’ March 27, 2019 judgment
on appeal, Petitioner tendered his application for writ of
certiorari to prison authorities after the extended filing
deadline. See HRS § 602-59(c); HRAP Rule 40.1(a)(1) and (2);
Setala v. J.C. Penney Co., 97 Hawai#i 484, 486, 40 P.3d 886, 888
(2002). The application for writ of certiorari, therefore, is
untimely. Accordingly,
IT IS HEREBY ORDERED that the application for writ of
certiorari is dismissed.
DATED: Honolulu, Hawai#i, June 25, 2019.
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
/s/ Fa#auuga To#oto#o
2