Alston v. State

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 04-MAR-2024 07:59 AM Dkt. 16 ODSD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

WILLIAM D. ALSTON, Petitioner-Appellant, v. STATE OF HAWAI I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CPN-XX-XXXXXXX)

ORDER DISMISSING APPEAL (By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.) Upon review of the record, it appears that:

(1) The statement of jurisdiction and opening brief

were due on or before December 27, 2023;

(2) Self-represented Petitioner-Appellant William D.

Alston (Alston) failed to file either document;

(3) On January 5, 2024, the appellate clerk entered a

default notice informing Alston that the time for filing the

statement of jurisdiction and opening brief had expired, the

matter would be called to the court's attention on January 16,

2024, for appropriate action, which could include dismissal of

the appeal, under Hawai i Rules of Appellate Procedure

Rules 12.1(e) and 30, and Alston could request relief from

default by motion; and NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(4) Alston has not taken any further action in this

appeal.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

DATED: Honolulu, Hawai i, March 4, 2024.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Sonja M.P. McCullen Associate Judge