McRae v. State (Order Denying Motion to Dismiss Appeal and Order Granting Motion to Extend the Time to File Answering Brief)

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

LORIN JAMES MCRAE, Petitioner-Appellant,

v.

STATE OF HAWAI‘I, Respondent-Appellee

NO. 26876

APPEAL FROM CIRCUIT COURT OF THE FIRST CIRCUIT

(S.P.P. NO. 04-1-0044)

(CR. NO. 96-1066)

ORDER DENYING RESPONDENT-APPELLEE STATE OF HAWAII'S MOTION TO DISMISS PETITIONER-APPELLANT'S APPEAL; AND ORDER GRANTING MOTION TO EXTEND THE TIME TO FILE ITS ANSWERING BRIEF

(By: Burns, C.J.)

Upon consideration of "Respondent-Appellee State of Hawaii's Motion to Dismiss Petitioner-Appellant's Appeal or, in the Alternative, to Extend the Time to File Its Answering Brief," filed on September 16, 2005, and "Respondent-Appellee State of Hawai‘i's Motion to Extend the Time to File Its Answering Brief," received on October 14, 2005, the papers in support, and the records and files herein, it appears that Appellant did not serve a copy of the opening brief as required by HRAP Rule 25(b). Therefore,

IT IS HEREBY ORDERED that the motion to dismiss the appeal is denied.

IT IS FURTHER ORDERED that the motion for an extension of time is granted, and the State shall file its answering brief within 30 days of this order or no later than November 14, 2005. No reply brief shall be filed.

DATED: Honolulu, Hawai‘i, October 14, 2005.

On the motions:

Lisa M. Itomura,
Deputy Attorney General,
for respondent-appellee.