State v. Grant

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Electronically Filed Supreme Court SCWC-30498 15-MAY-2012 NO. SCWC-30498 01:45 PM IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Respondent/Plaintiff-Appellee, vs. ROBERT GRANT, Petitioner/Defendant-Appellant. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30498; CR. NO. 08-1-0521) ORDER DISMISSING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, and McKenna, JJ., and Circuit Judge Garibaldi, in place of Duffy, J., recused, with Acoba, J., dissenting separately) Petitioner/Defendant-Appellant Robert Grant s application for writ of certiorari, filed on April 9, 2012, was filed more than thirty days after the filing of the ICA s January 6, 2012 judgment on appeal. The application is untimely and thus, this court lacks appellate jurisdiction. 602-59(c) (Supp. 2011); HRAP Rule 40.1(a). See HRS § Therefore, IT IS HEREBY ORDERED that the application for writ of certiorari is dismissed. DATED: Honolulu, Hawai#i, May 15, 2012. Francis R. Alcain (Crudele & De Lima) for petitioner Ricky R. Damerville, Deputy Prosecuting Attorney, for respondent /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Colette Y. Garibaldi

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