Graham v. Hawai'i Paroling Authority

• Court: Hawaii Supreme Court
• Decided: January 26, 2026
• Docket: SCWC-23-0000736
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-XX-XXXXXXX 26-JAN-2026 01:15 PM Dkt. 8 ODSAC

SCWC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

GARRETH A. GRAHAM, Petitioner/Petitioner-Appellant,

vs.

HAWAIʻI PAROLING AUTHORITY; STATE OF HAWAIʻI, Respondents/Respondents-Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-XX-XXXXXXX; CASE NO. 1CPN-XX-XXXXXXX (1PC940001048))

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ., and Circuit Judge Nakamoto, assigned by reason of vacancy)

This court construes Petitioner Garreth A. Graham’s

(Graham) “‘Notice of Appeal’ regarding my application for writ

of certiorari to the Supreme Cout of Hawaiʻi,” received by the

appellate clerk on December 12, 2025, as an application for writ

of certiorari (application). As of December 12, 2025, the

Intermediate Court of Appeals (ICA) had not yet filed a Judgment

on Appeal. The ICA filed its Judgment on Appeal on January 12,

2026. Therefore, IT IS HEREBY ORDERED that Graham’s

application is dismissed without prejudice to re-filing the

application pursuant to Hawaiʻi Rules of Appellate Procedure

(HRAP) Rule 40.1(a) (2020) (“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.” (emphasis added)).

Graham also filed a letter received by the appellate

clerk on January 20, 2026, notifying this court that he wishes

to “withdraw the Notice of Appeal regarding the Application For

Writ of Certiorari” filed on December 12, 2025. This court

construes the letter as a motion to withdraw the application

(motion).

IT IS HEREBY FURTHER ORDERED that the motion is

dismissed as moot.

DATED: Honolulu, Hawaiʻi, January 26, 2026.

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens

/s/ Henry T. Nakamoto