State v. Cornett (Order Granting Motion for Dismissal of the Appeal and for Withdrawal of Counsel)

NO. 25738

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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STATE OF HAWAI‘I, Plaintiff-Appellee

vs.

KELLI CORNETT, Defendant-Appellant

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APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT
(FC-CR NO. 02-1-0803)

ORDER GRANTING MOTION FOR DISMISSAL
OF THE APPEAL AND FOR WITHDRAWAL OF COUNSEL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of the motion to dismiss the appeal of Defendant-Appellant Kelli Cornett and for withdrawal of counsel, the papers in support, and the records and files herein, it appears: (1) on April 3, 2003, a notice of appeal was filed on behalf of Appellant; (2) since that time Appellant has failed to remain in contact with her attorney or the trial court; (3) all letters sent to Appellant at her last known addresses were returned to sender; (4) Appellant did not respond to messages left at her last know telephone number; and (5) Appellant has abandoned her appeal. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(c).

IT IS FURTHER ORDERED that the motion to withdraw as counsel is granted.

DATED: Honolulu, Hawai‘i, May 12, 2005.

Cynthia A. Kagiwada
for defendant-appellant
on the motion