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Mathison v. State

Intermediate Court of Appeals of Hawai‘i

November 16, 2010

Kenneth W. MATHISON, Plaintiff-Appellant,
v.
STATE of Hawai‘i, Defendant-Appellee

Editorial Note:

This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35

Appeal from the Circuit Court of the Third Circuit (Criminal No. 93-473).

Kenneth W. Mathison, on the briefs, Petitioner-Appellant Pro Se.

Christopher D.W. Young, Vince S. Kanemoto, Deputy Attorneys General, on the briefs, for Defendant-Appellee.

NAKAMURA, Chief Judge, FUJISE and LEONARD, JJ.

SUMMARY DISPOSITION ORDER

Petitioner-Appellant Kenneth W. Mathison (Mathison) appeals the Findings of Fact, Conclusions of Law, and Order Granting in Part and Denying in Part Petition for Post-Conviction Relief (Rule 40 Order), filed on December 22, 2008, in the Circuit Court of the Third Circuit (Circuit Court).[1]

On appeal, Mathison fails to challenge any of the Circuit Court's findings of fact or conclusions of law that adjudicated Mathison's Rule 40 petition on the basis of waiver. Mathison fails to state any points of error or argument as to why the Rule 40 Order is erroneous. Therefore, any issues that Mathison may have on appeal are waived. See Hawai‘i Rules of Appellate Procedure Rule 28(b)(4) and (7).

For these reasons, the Rule 40 Order is affirmed.


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