State v. Cummings

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed

Intermediate Court of Appeals CAAP-XX-XXXXXXX

04-APR-2025

08:22 AM

Dkt. 43 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellant, v.

MATTHEW B. CUMMINGS, Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CPC-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Acting Chief Judge, Wadsworth and McCullen, JJ.)

Upon consideration of Plaintiff-Appellant State of

Hawaii's March 28, 2025 "State of Hawai i's Notice and the Parties Stipulation Withdrawing Appeal from the Findings of Fact and Conclusions of Law and Order re: Voluntariness of Defendant's Statements (re: State's Motion Filed March 22, 2024) Filed on May 17, 2024," (Stipulation), which the court construes as a stipulation to dismiss the appeal, the papers in support, and the record, it appears that: (1) the appeal has been docketed; (2) the parties stipulate to withdraw the appeal; (3) the Stipulation is dated and signed by counsel for all parties; and (4) dismissal is authorized by Hawai i Rules of Appellate Procedure Rule 42(b).

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs on appeal.

DATED: Honolulu, Hawai i, April 4, 2025.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Sonja M.P. McCullen

Associate Judge