State v. Kauwe (Order Granting in Part "Defendant-Appellant" Second Motion to Dismiss Appeal and Denying "Plaintiff-Appellee State of Hawaii's Motion for Substitution of Defendant)

STATE OF HAWAI‘I, Plaintiff-Appellee, v.
LAURA M. KAUWE, Defendant-Appellant, and
ABRAHAM K. KAUWE, JR., Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(Cr. No. 04-1-0062)

ORDER GRANTING IN PART "DEFENDANT-APPELLANT LAURA KAUWE'S
SECOND MOTION TO DISMISS APPEAL AS MOOT, VACATE ORIGINAL
JUDGMENT OF CONVICTION, AND DISMISS ALL RELATED CRIMINAL
PROCEEDINGS" AND DENYING "PLAINTIFF-APPELLEE STATE OF
HAWAII'S MOTION FOR SUBSTITUTION OF PARTY DEFENDANT"
(By: Foley, Presiding Judge, Nakamura and Fujise, JJ.)

Upon consideration of: (1) Defendant-Appellant Laura Kauwe's (Laura) Second Motion to Dismiss Appeal as Moot, Vacate Original Judgment of Conviction, and Dismiss All Related Criminal Proceedings; (2) Plaintiff-Appellee State of Hawaii's Memorandum in Opposition to Defendant-Appellant Laura Kauwe's Second Motion to Dismiss Appeal as Moot, Vacate Original Judgment of Conviction, and Dismiss All Related Criminal Proceedings; (3) Plaintiff-Appellee State of Hawaii's Motion for Substitution of Party Defendant and (4) the records and files herein, it appears that a suggestion of death has been filed by Laura's counsel in this direct appeal from a judgment of conviction entered against Laura. Therefore,

IT IS HEREBY ORDERED that Defendant-Appellant Laura Kauwe's Second Motion to Dismiss Appeal as Moot, Vacate Original Judgment of Conviction, and Dismiss All Related Criminal Proceedings is granted as to the appeal only. The original judgment of conviction as to Laura Kauwe entered by the Circuit Court of the Third Circuit on February 2, 2006 and all related criminal proceedings stands. The appeal of Defendant-Appellant Abraham K. Kauwe, Jr. remains pending for disposition.

IT IS FURTHER ORDERED that Plaintiff-Appellee State of Hawaii's Motion for Substitution of Party Defendant is denied.