State v. Cummings

• Court: Hawaii Intermediate Court of Appeals
• Decided: April 4, 2025
• Docket: CAAP-24-0000428
• Status: Published

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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