Tierney v. State

Full title: MICHAEL C. TIERNEY, Petitioner/Defendant-Appellant, v. STATE OF HAWAI'I…

Court: Supreme Court of Hawaii

Date published: Jan 18, 2011

No. SCWC-29993 (Haw. Jan. 18, 2011)

Opinion

No. SCWC-29993

January 18, 2011.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 08-1-0869)

Michael C. Tierney, appearing pro se, on the application.

ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI

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

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/Defendant-Appellant's application for writ of certiorari, filed January 11, 2011, 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.").