State v. Michels

• Court: Hawaii Supreme Court
• Decided: April 19, 2023
• Docket: SCWC-18-0000612
• Status: Published

Opinion

Electronically Filed Supreme Court SCWC-XX-XXXXXXX 19-APR-2023 11:36 AM Dkt. 9 ODSAC

SCWC-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAII

STATE OF HAWAII, Respondent/Plaintiff-Appellee,

vs.

KRISTINE L.T. MICHELS, Petitioner/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-XX-XXXXXXX; CASE. NO. 3DTA-18-00638)

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Wong, in place of Nakayama, J., recused, and Circuit Judge Chang, assigned by reason of vacancy)

It appearing that the judgment on appeal in the above-

referenced matter not having been filed by the Intermediate

Court of Appeals at the time the application for writ of

certiorari was filed, see Hawaii Revised Statutes § 602-59(a)

(2017); see also Hawaii Rules of Appellate Procedure (HRAP)

Rule 36(b)(1) (2016), IT IS HEREBY ORDERED that Petitioner/Defendant-

Appellant’s application for writ of certiorari, filed April 14

2023, is dismissed without prejudice to re-filing the

application pursuant to 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.”).

DATED: Honolulu, Hawaii, April 19, 2023.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Paul B.K. Wong

/s/ Gary W.B. Chang