Suitt v. State

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
07-MAY-2024
07:52 AM
Dkt. 162 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

BRYAN SUITT, Petitioner-Appellant,
v.
STATE OF HAWAI#I, Respondent-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1PR161000011)

ORDER
(By: Leonard, Acting Chief Judge and Hiraoka, J.
and DeWeese, Third Circuit Court J. (in place of Wadsworth,
Nakasone, McCullen and Guidry, JJ., recused))

Upon review of Bryan Suitt's Letter dated April 26,
2024, tendered to Saguaro Correctional Center officials on
April 28, 2024, and received by the supreme court clerk's office
and filed on May 3, 2024, and the record, it appears that:
1. The Letter requests reconsideration of our
April 23, 2024 Order granting "Respondent-Appellee State of
Hawaii's Motion to Dismiss Claims Against the Hawai#i Paroling
Authority in this Appeal as Moot";
2. Suite's counsel filed a motion for reconsideration
of the Order on April 29, 2024;
3. We entered an order denying reconsideration on
May 3, 2024; and
4. "Only one motion for reconsideration may be filed
by any party," Hawai#i Rules of Appellate Procedure Rule 40(e).
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that Suitt's letter
request for reconsideration is denied. Our April 23, 2024 Order
dismissed only Suitt's appeal from the circuit court's denial of
Ground 54 of Suitt's Hawai#i Rules of Penal Procedure Rule 40
petition, involving the Hawai#i Paroling Authority; the other
issues remain pending in this appeal.
DATED: Honolulu, Hawai#i, May 7, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Wendy M. DeWeese
Third Circuit Court Judge

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