Libero v. State

Electronically Filed Supreme Court SCWC-13-0000415 15-SEP-2015 02:25 PM SCWC-13-0000415 IN THE SUPREME COURT OF THE STATE OF HAWAI#I JAMES K. LIBERO, Petitioner/Petitioner-Appellant, vs. STATE OF HAWAI#I, Respondent/Respondent-Appellee. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-13-0000415; CR. NO. 98-0697) ORDER (By: Pollack, J.) Upon consideration of Petitioner/Petitioner-Appellant James K. Libero’s Objection to the Order Rejecting Application for Writ of Certiorari, filed August 17, 2015; Petitioner’s Reply to the Oral Argument August 17, 2015, filed August 28, 2015; and the record herein, it appears that Petitioner asks this court to reconsider its Order Rejecting Application for Writ of Certiorari, filed August 6, 2015. However, pursuant to the Hawai#i Rules of Appellate Procedure Rule 40.1(h), the rejection of an application for writ of certiorari is final and shall not be subject to a motion for reconsideration in the supreme court. Accordingly, Petitioner’s August 17, 2015 Objection and Petitioner’s August 28, 2015 Reply are hereby dismissed. DATED: Honolulu, Hawai#i, September 15, 2015. /s/ Richard W. Pollack Associate Justice 2