NO. 27829
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
EUGENE JAMES HUTCH, Petitioner-Appellant
vs.
STATE
OF HAWAI`I, Respondent-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P.P. NO.
95-0-0169)
ORDER DISMISSING APPEAL
(By:
Nakayama, J., for the court (1))
Upon review of the
record, it appears we lack appellate jurisdiction over
Petitioner-Appellant Eugene J. Hutch's (Appellant
Hutch) appeal from the March 9, 2006 order denying Appellant Hutch's
motion for a copy of the complete file and/or to
know the costs thereof in S.P.P. No. 95-0-0169 (SSM). Appellant Hutch's
motion was not an independent petition for
post-conviction relief pursuant to Rule 40 of the Hawai`i Rules of
Penal Procedure (HRPP), but, instead, it was an irregular
request for copies of litigation documents. The March 9, 2006
order is not an appealable final judgment from a HRPP Rule
40 proceeding pursuant to HRS § 641-11 (1993) and
HRPP Rule 40(h). The March 9, 2006 order is not an appealable
final
judgment pursuant to HRS § 641-1(a) (1993) and Rule 58 of the
Hawaii Rules of Civil Procedure. The March 9, 2006
order is not certified for interlocutory appeal pursuant to HRS §
641-1(b) (1993) or HRS § 641-17 (1993). The collateral
order doctrine and the Forgay doctrine do not
apply to this case. See State
v. Kealaiki, 95 Hawai`i 309, 316-17, 22 P.3d
588, 595-96 (2001); Ciesla v. Reddish, 78
Hawai`i 18, 20, 889 P.2d 702, 704 (1995). Absent an appealable final judgment
or order, we lack appellate jurisdiction. Therefore,
IT IS HEREBY ORDERED that this appeal is
dismissed for lack of jurisdiction.
DATED: Honolulu, Hawai`i, June 19, 2006.
1.
Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.