State v. Ganiron

Full title: STATE OF HAWAI'I, Respondent/Plaintiff-Appellee, v. EMILIO GANIRON, JR.…

Court: Supreme Court of Hawaii

Date published: Mar 30, 2009

No. 28974 (Haw. Mar. 30, 2009)

Opinion

No. 28974

March 30, 2009.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 07-1-1280)

ORDER STRIKING PETITIONER/DEFENDANT-APPELLANT EMILIO A. GANIRON, JR.'S SECOND APPLICATION FOR WRIT OF CERTIORARI, FILED MARCH 30, 2009

By: MOON, C.J., for the court[fn1] [fn1] Considered by: Moon, C.J., Nakayama, Acoba, and Duffy, JJ., and Circuit Judge Cardoza, assigned by reason of vacancy.

It appearing that petitioner/defendant-appellant Emilio A. Ganiron, Jr. filed an application for writ of certiorari on March 27, 2009 and a second, seemingly identical application for writ of certiorari on March 30, 2009,

IT IS HEREBY ORDERED that the second application (filed March 30, 2009) is stricken as (1) unnecessary and (2) untimely inasmuch as March 30, 2009 is the ninety-first day measured from the December 29, 2008 judgment on appeal, see Hawai'i Revised Statutes § 602-59(c) (Supp. 2007).