Electronically Filed
Supreme Court
SCWC-14-0000825
06-JUL-2015
02:07 PM
SCWC-14-0000825
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
ROLAND I. KEHANO, SR.,
Petitioner/Petitioner-Appellant,
vs.
STATE OF HAWAI#I,
Respondent/Respondent-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-14-0000825; S.P.P. NO. 13-1-0014(2))
ORDER DISMISSING WITHOUT PREJUDICE APPLICATION
FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ., and Circuit
Judge Ayabe in place of Pollack, J., recused)
Upon consideration of Petitioner/Petitioner-Appellant
Roland I. Kehano, Sr.’s Application for Writ of Certiorari filed
on June 9, 2015, and the record, it appears that the Intermediate
Court of Appeals has not issued a decision on the appeal to date,
and therefore, petitioner’s request for certiorari review is
premature. See HRS § 602-59(a) (“After issuance of the
intermediate appellate court’s judgment or dismissal order, a
party may seek review of the intermediate appellate court’s
decision and judgment or dismissal order only by application to
the supreme court for a writ of certiorari . . . .”); HRAP Rule
40.1 (a) (“A party may seek review of the intermediate court of
appeals’ decision by filing an application for writ of certiorari
in the supreme court. The application shall be filed within 30
days after the filing of the intermediate court of appeals’
judgment on appeal or dismissal order.”). Accordingly,
IT IS HEREBY ORDERED that the application for writ of
certiorari is dismissed without prejudice to re-filing a
certiorari application as provided for under HRS § 602-59 and
HRAP Rule 40.1.
DATED: Honolulu, Hawai#i, July 6, 2015.
Roland I. Kehano, Sr. /s/ Mark E. Recktenwald
petitioner pro se
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Bert I. Ayabe
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