NO. 24185
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
EUGENE JAMES
HUTCH, Petitioner-Appellant
vs.
STATE OF
HAWAI`I, Respondent-Appellee
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(S.P.P. NO.
01-1-0006)
ORDER
(By:
Nakayama, J., for the court)
Upon consideration of Petitioner-Appellant Eugene Hutch's petition for
a writ of certiorari filed on June 30, 2004 seeking
review of the June 16, 2004 notice and judgment on appeal, the papers
in support, and the records and files herein, it
appears that: (1) Appellant properly filed a timely petition for a writ
of certiorari on March 19, 2003 seeking review of the
ICA's March 5, 2003 summary disposition order; (2) the petition for a
writ of certiorari was resolved on November 28,
2003 when the certiorari proceeding was dismissed as improvidently
granted; and (3) there is no provision within HRAP
Rule 40.1 that allows Appellant to file a second petition for a writ of
certiorari after the entry of the notice and judgment on
appeal. Therefore,
IT IS HEREBY
ORDERED that the June 30, 2004 petition for a writ of certiorari is
dismissed.
DATED: Honolulu,
Hawai`i, July 15, 2004.
Eugene James Hutch
petitioner-appellant
pro se on the writ