State v. Palencia
This text of State v. Palencia (State v. Palencia) 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-11-0001083 29-JUL-2013 07:55 AM
SCWC-11-0001083
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Respondent/Plaintiff-Appellee,
vs.
BRISON PALENCIA, Petitioner/Defendant-Appellant.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-11-0001083; CR. NO. 09-1-0114)
ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
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 certiorari was filed,
see Hawai#i Revised Statutes § 602-59(a) (Supp. 2011); see also
Hawai#i Rules of Appellate Procedure (HRAP) Rule 36(b)(1) (2012),
IT IS HEREBY ORDERED that Petitioner/Defendant-
Appellant’s application for writ of certiorari, filed July 25,
2013, is dismissed without prejudice to re-filing the application
pursuant to HRAP Rule 40.1(a) (2012) (“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, July 29, 2013.
Glenn D. Choy for petitioner /s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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State v. Palencia, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-palencia-haw-2013.