Mathison v. State (Summary Disposition Order)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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NO. 29356

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

KENNETH W. MATHISON, Petitioner-Appellant, v.
STATE OF HAWAI‘I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CR. NO. 93-473)

SUMMARY DISPOSITION ORDER
(By: Foley, Presiding J., Fujise and Leonard, JJ.)

Petitioner-Appellant Kenneth W. Mathison (Mathison) appeals the Findings of Fact, Conclusions of Law, and Order Granting in Part and Denying in Part Petition for Post-Conviction Relief (Rule 40 Order), filed on August 19, 2008, in the Circuit Court of the Third Circuit (Circuit Court). ⁽¹⁾

On appeal, Mathison fails to challenge any of the Circuit Court's findings of fact or conclusions of law. Mathison fails to state any points of error or argument as to why the Rule 40 Order is erroneous. Therefore, any issues that Mathison may have on appeal are waived. See Hawai‘i Rules of Appellate Procedure Rule 28(b)(4) and (7).

For these reasons, the Rule 40 Order is affirmed.

DATED: Honolulu, Hawai‘i, June 19, 2009.

On the briefs:

Kenneth Mathison
A5001445, KB-70
1250 E. Arica Road
Eloy, AZ 85231

Lisa M. Itomura, Esq.
Diane K. Taira, Esq.
Deputy Attorneys General
Department of the Attorney
 General, State Hawai‘i
425 Queen Street
Honolulu, Hawai‘i 96813

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NO. 29356; KENNETH W. MATHISON v. STATE OF HAWAI‘I

Summary Disposition Order

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1. The Honorable Elizabeth A. Strance presided.