Burns v. State

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
17-JUN-2026
08:41 AM
Dkt. 52 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

NICHOLAS D. BURNS, Petitioner-Appellant,
v.
STATE OF HAWAIʻI, Respondent-Appellee.

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

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.)

Upon consideration of the May 5, 2026 Stipulation for
Dismissal of Appeal filed by Petitioner-Appellant Nicholas D.
Burns (Burns), and the record, it appears that: (1) the appeal
has been docketed, (2) the parties stipulate to dismiss the
appeal and that no fees or costs are outstanding, (3) the
stipulation is dated and signed by counsel for all parties,
(4) the stipulation is supported by Burns's declaration that
reflects a knowing and intelligent understanding of the
consequences of the dismissal and that the withdrawal is made
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

voluntarily, and (5) dismissal is authorized by Hawaiʻi Rules of
Appellate Procedure Rule 42(b) and (c).
Therefore, IT IS HEREBY ORDERED that the stipulation
is approved and the appeal is dismissed.
DATED: Honolulu, Hawaiʻi, June 17, 2026.
/s/ Karen T. Nakasone
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Daniel M. Gluck
Associate Judge

2

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
17-JUN-2026
08:41 AM
Dkt. 52 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

NICHOLAS D. BURNS, Petitioner-Appellant,
v.
STATE OF HAWAIʻI, Respondent-Appellee.

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

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Nakasone, Chief Judge, Wadsworth and Gluck, JJ.)

Upon consideration of the May 5, 2026 Stipulation for
Dismissal of Appeal filed by Petitioner-Appellant Nicholas D.
Burns (Burns), and the record, it appears that: (1) the appeal
has been docketed, (2) the parties stipulate to dismiss the
appeal and that no fees or costs are outstanding, (3) the
stipulation is dated and signed by counsel for all parties,
(4) the stipulation is supported by Burns's declaration that
reflects a knowing and intelligent understanding of the
consequences of the dismissal and that the withdrawal is made
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

voluntarily, and (5) dismissal is authorized by Hawaiʻi Rules of
Appellate Procedure Rule 42(b) and (c).
Therefore, IT IS HEREBY ORDERED that the stipulation
is approved and the appeal is dismissed.
DATED: Honolulu, Hawaiʻi, June 17, 2026.
/s/ Karen T. Nakasone
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Daniel M. Gluck
Associate Judge

2