State v. Marshall

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
25-JUN-2025
08:49 AM
Dkt. 33 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.
GRANT MARSHALL, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CPC-XX-XXXXXXX)

ORDER DISMISSING APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka, and Wadsworth, JJ.)

Upon review of the record, it appears that:
(1) Self-represented Defendant-Appellant Grant Andrew
Marshall (Marshall) filed a May 9, 2024 Notice of Appeal, which
appeals from the August 16, 2023 Judgment of Conviction and
Sentence in 3CPC-XX-XXXXXXX.
(2) "In a criminal case, the notice of appeal shall be
filed within 30 days after entry of the judgment or order
appealed from." Hawai#i Rules of Appellate Procedure Rule
4(b)(1); Hawaii Revised Statutes § 641-11 (2016) ("Any party
aggrieved by the judgment of a circuit court in a criminal matter
may appeal to the intermediate appellate court" and "[t]he
sentence of the court in a criminal case shall be the judgment").
(3) "[C]ompliance with the requirement of timely
filing of a notice of appeal is jurisdictional, and we must
dismiss an appeal on our motion if we lack jurisdiction." State
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

v. Knight, 80 Hawai#i 318, 323, 909 P.2d 1133, 1138 (1996)
(quotation marks and citation omitted).
(4) Marshall filed the May 9, 2024 Notice of Appeal
more than thirty days after entry of the August 16, 2023 Judgment
of Conviction and Sentence.
(5) The record on appeal is not sufficiently developed
for this court to address Marshall's contention that his trial
counsel provided ineffective assistance of counsel.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction, without prejudice
to Marshall's pending Hawai#i Rules of Penal Procedure Rule 40
petition for post-conviction relief in 3CPN-XX-XXXXXXX.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai#i, June 25, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

2