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Kehano v. State

Supreme Court of Hawaii

July 6, 2015

ROLAND I. KEHANO, SR., Petitioner/Petitioner-Appellant,
v.
STATE OF HAWAI'I, Respondent/Respondent-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-14-0000825; S.P.P. NO. 13-1-0014(2))

Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ., and Circuit Judge Ayabe in place of Pollack, J., recused)

ORDER DISMISSING WITHOUT PREJUDICE APPLICATION FOR WRIT OF CERTIORARI

Upon consideration of Petitioner/Petitioner-Appellant Roland I. Kehano, Sr.'s Application for Writ of Certiorari filed on June 9, 2015, and the record, it appears that the Intermediate Court of Appeals has not issued a decision on the appeal to date, and therefore, petitioner's request for certiorari review is premature. See HRS § 602-59(a) ("After issuance of the intermediate appellate court's judgment or dismissal order, a party may seek review of the intermediate appellate court's decision and judgment or dismissal order only by application to the supreme court for a writ of certiorari . . . ."); HRAP Rule 40.1 (a) ("A party may seek review of the intermediate court of appeals' decision by filing an application for writ of certiorari in the supreme court. The application shall be filed within 30 days after the filing of the intermediate court of appeals' judgment on appeal or dismissal order."). Accordingly, IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed without prejudice to re-filing a certiorari application as provided for under HRS § 602-59 and HRAP Rule 40.1.


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