State v. Spinney

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
19-JUN-2023
09:15 AM
Dkt. 20 ODSD
NOS. CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v.
ALFRED SPINNEY, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH KONA DIVISION
(CASE NO. 3DTA-17-03587)

ORDER DISMISSING APPEAL
(By: Ginoza, Chief Judge, Hiraoka and Wadsworth, JJ.)
Upon review of the record, it appears that:
(1) On October 26, 2021, the court issued an order to
show cause to self-represented Defendant-Appellant Alfred N.
Spinney (Spinney) to file, within thirty days from the order, a
declaration, affidavit, or other sworn statement indicating why
the appeal should not be dismissed for failure to participate in
district court proceedings during the temporary remand described
in the order, pay the appellate filing fee or obtain a fee waiver
in CAAP-XX-XXXXXXX and CAAP-XX-XXXXXXX, or file the opening
brief. The court cautioned Spinney that failure to timely
respond to the order or to show good cause may result in
sanctions. The appellate clerk mailed a copy of the order to
Spinney by certified mail, and received a return receipt
confirming conventional service;
(2) On November 26, 2021, Spinney, who was not
previously a registered Judiciary Electronic Filing System User,
electronically filed a document addressed to "Chief Administrator
Recktenwald," which the court construes as a response to the
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

October 26, 2021 order to show cause. Spinney asserts he is not
required to comply with the October 26, 2021 order because it is
the "functional equivalent" of genocide; and
(3) Spinney's response fails to demonstrate good cause.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed, under Hawai i Rules of Appellate Procedure Rules
11(b)(2) and (c)(2), 30, and 51.
IT IS FURTHER ORDERED that the appellate clerk shall
mail a copy of this order to Spinney by certified mail at each
address on record for Spinney in this case.
DATED: Honolulu, Hawai i, June 19, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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