State v. Oki
This text of State v. Oki (State v. Oki) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCWC-11-0000605 22-JAN-2014 09:51 AM
SCWC-11-0000605
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Respondent/Plaintiff-Appellee,
vs.
EICHI OKI, Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-11-0000605; CASE NO. 1DTI-11-047379)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, and Pollack JJ., and Circuit Judge To#oto#o, in place of Acoba, J., recused)
Upon consideration of petitioner/defendant-appellant
Eichi Oki’s application for writ of certiorari, it appears that
Oki’s application was initially due on November 27, 2013, which
was 30 days after the Intermediate Court of Appeals’ October 28,
2013 judgment. Hawai#i Revised Statutes (HRS) § 602-59(c) (Supp.
2012); Hawai#i Rules of Appellate Procedure (HRAP) Rule
40.1(a)(1) (2013). It further appears that Oki requested and
received an extension of time, which extended the deadline for
filing his application for writ of certiorari an additional 30
days, to December 27, 2013. HRS § 602-59(c); HRAP Rule
40.1(a)(3) (2013). Oki’s application was filed on December 30, 2013. The
application is untimely and thus, this court lacks appellate
jurisdiction. Therefore,
IT IS HEREBY ORDERED that the application for writ of
certiorari is dismissed.
DATED: Honolulu, Hawai#i, January 22, 2014.
Ann C. Kemp /s/ Mark E. Recktenwald for petitioner /s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Fa#auuga To#oto#o
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