Pauline v. State

• Court: Hawaii Intermediate Court of Appeals
• Decided: June 23, 2025
• Docket: CAAP-25-0000053
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-JUN-2025 10:53 AM Dkt. 20 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ELDINE PAULINE, Petitioner-Appellant, v. STATE OF HAWAI I, Repsondent-Appellee

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

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION (By: Leonard, Acting Chief Judge, Hiraoka, Wadsworth, JJ.) Upon review of the record, it appears that Petitioner-

Appellant Elden Pauline appeals from Respondent-Appellee State of

Hawaii's December 19, 2024 Answer to Petition to Vacate, Set

Aside or Correct Judgment or to Release Petitioner for Custody

(Rule 40, HRPP), filed in 1CPN-XX-XXXXXXX.

Pursuant to Hawaii Revised Statutes § 641-11 (2016) and

Hawai i Rules of Penal Procedure Rule (HRPP) 40(h), "appeals from

proceedings for post-conviction relief may be made from a

judgment entered in the proceeding and must be taken in

accordance with [HRAP] Rule 4(b)." Grattafiori v. State, 79

Hawai i 10, 13, 897 P.2d 937, 940 (1995) (cleaned up). Although

HRPP Rule 40(h) refers to the appealable document as a

"judgment," the supreme court has indicated that a "written

order" denying an HRPP Rule 40 petition for post-conviction NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

relief is appealable pursuant to HRPP Rule 40(h). Id. at 14, 897

P.2d at 941. The court must dismiss an appeal on its motion if

it lacks jurisdiction. Id. at 13, 897 P.2d at 940.

The Circuit Court of the First Circuit has not entered

an order disposing of Pauline's Petition for Post Conviction

Relief. Accordingly, the appeal is premature, and the court

lacks appellate jurisdiction.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

DATED: Honolulu, Hawai i, June 23, 2025.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Clyde J. Wadsworth Associate Judge