***NOT
FOR PUBLICATION***
NO. 23216
IN THE SUPREME COURT OF THE STATE OF Hawai`i
STATE OF Hawai`i, Plaintiff-Appellant
vs.
LEPO TALIESE UTU, also known as Lepo Utu Taliese,
Defendant-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(CR. NO. 99-0551)
ORDER
DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the record and Plaintiff-Appellant State of
Hawaii's answer to the order to show cause, it appears
that: (1) Plaintiff-Appellant is appealing from the findings of fact,
conclusions of law, and order granting a motion for a
new trial filed by Defendant-Appellee Lepo Taliese Utu, also known as
Lepo Utu Taliese; (2) on January 7, 2004, it was
reported that Defendant-Appellee Lepo Taliese Utu, also known as Lepo
Utu Taliese, died; (3) due to the reported death of
Defendant-Appellee, on February 11, 2004, this court issued the
following order:
Upon consideration of
the record and publicly reported events, it appears Defendant-Appellee
Lepo Taliese Utu is
deceased, the issues posed by Plaintiff-Appellant State of Hawaii's
appeal are mooted, and this court could not provide any
remedy to the State if it were to prevail in the appeal. Therefore,
IT IS HEREBY ORDERED that
Plaintiff-Appellant State of Hawai`i shall,. . . show cause as to why
this appeal should not
be dismissed.
(4) on February 24, 2004, the State filed a response:
(a) confirming the death of Defendant-Appellee Lepo Taliese Utu,
also
known as Lepo Utu Taliese; and (b) stating that the State does not
oppose dismissal of the appeal. Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed.
DATED: Honolulu, Hawai`i, February 27, 2004.