State v. Utu
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***NOT FOR PUBLICATION*** NO. 23216 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellant vs. LEPO TALIESE UTU, also known as Lepo Utu Taliese, Defendant-Appellee APPEAL FROM THE FIRST CIRCUIT COURT (CR. NO. 99-0551) (By: ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of the record and Plaintiff- Appellant State of Hawaii s answer to the order to show cause, it appears that: (1) Plaintiff-Appellant is appealing from the findings of fact, conclusions of law, and order granting a motion for a new trial filed by Defendant-Appellee Lepo Taliese Utu, also known as Lepo Utu Taliese; (2) on January 7, 2004, it was reported that Defendant-Appellee Lepo Taliese Utu, also known as Lepo Utu Taliese, died; (3) due to the reported death of Defendant-Appellee, on February 11, 2004, this court issued the following order: Upon consideration of the record and publicly reported events, it appears Defendant-Appellee Lepo Taliese Utu is deceased, the issues posed by Plaintiff-Appellant State of Hawaii s appeal are mooted, and this court could not provide any remedy to the State if it were to prevail in the appeal. Therefore, IT IS HEREBY ORDERED that Plaintiff-Appellant State of Hawai#i shall,. . . show cause as to why this appeal should not be dismissed. ***NOT FOR PUBLICATION*** (4) on February 24, 2004, the State filed a response: (a) confirming the death of Defendant-Appellee Lepo Taliese Utu, also known as Lepo Utu Taliese; and (b) stating that the State does not oppose dismissal of the appeal. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed. DATED: Honolulu, Hawai#i, February 27, 2004. 2
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