Abordo v. State

Full title: EDMUND M. ABORDO, Petitioner/Petitioner-Appellant, v. STATE OF HAWAI'I…

Court: Supreme Court of Hawaii

Date published: Jul 7, 2011

No. SCWC-30254 (Haw. Jul. 7, 2011)

Opinion

No. SCWC-30254

July 7, 2011.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (S.P.P. NO. 09-1-0026; S.P. NO. 09-1-0426; CR. NO. 93-0737).

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI WITHOUT PREJUDICE

By: McKENNA, J., for the court[fn1] [fn1] Court: Recktenwald, C.J., Nakayama, Duffy, and McKenna, JJ., and Circuit Judge Ahn, in place of Acoba, J., recused.

It appearing that the judgment on appeal in the above-referenced matter has not been entered by the Intermediate Court of Appeals,see Hawai'i Revised Statutes § 602-59(a) (Supp. 2008);see also Hawai'i Rules of Appellate Procedure (HRAP) Rule 36(b)(1)(2008),

IT IS HEREBY ORDERED that Petitioner/Petitioner-Appellant's application for writ of certiorari, filed on June 14, 2010, is dismissed without prejudice to re-filing the application pursuant to HRAP Rule 40.1(a) ("No later than 90 days after the filing of the intermediate court of appeals' judgment on appeal or dismissal order, any party may apply in writing to the supreme court for a writ of certiorari.").

DATED: Honolulu, Hawai'i, July 7, 2011.