ABORDO v. STATE, SCWC-30254 (Haw. 7-7-2011)

EDMUND M. ABORDO, Petitioner/Petitioner-Appellant, v. STATE OF HAWAI’I, Respondent/Respondent-Appellee.

No. SCWC-30254Supreme Court of Hawaii.
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[1]

[1] 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

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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.

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