NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-APR-2024
08:02 AM
Dkt. 153 OGMD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
BRYAN SUITT, Petitioner-Appellant,
v.
STATE OF HAWAI#I, Respondent-Appellee
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1PR161000011)
ORDER
(By: Leonard, Acting Chief Judge and Hiraoka, J.
and DeWeese, Third Circuit Court J. (in place of Wadsworth,
Nakasone, McCullen and Guidry, JJ., recused))
Upon consideration of "Respondent-Appellee State of
Hawaii's Motion to Dismiss Claims Against the Hawai#i Paroling
Authority in this Appeal as Moot" filed on April 5, 2024, the
papers in support, the record, and no response having been filed
by Petitioner-Appellant Bryan Suitt, it appears that:
1. Ground 54 of Suitt's Hawai#i Rules of Penal
Procedure (HRPP) Rule 40 petition alleged errors by the Hawai#i
Paroling Authority (HPA) in setting Suitt's minimum term in 2016;
2. On December 1, 2023, HPA set a new minimum term
for Suitt;
3. On February 9, 2024, Suitt filed an HRPP Rule 40
petition challenging the minimum term set by HPA in 2023,
No. 1CPN-XX-XXXXXXX; and
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
4. Ground 54 of Suitt's HRPP Rule 40 petition is
moot.
Therefore, IT IS HEREBY ORDERED that the State's Motion
is granted, and the appeal from the claim against HPA (Ground 54)
is dismissed.
DATED: Honolulu, Hawai#i, April 23, 2024.
/s/ Katherine G. Leonard
Acting Chief Judge
/s/ Keith K. Hiraoka
Associate Judge
/s/ Wendy M. DeWeese
Third Circuit Court Judge
2
Suitt v. State
Combined Opinion