State v. Grewer

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-OCT-2024
08:31 AM
Dkt. 244 ODMR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I,
Plaintiff-Appellee/Cross-Appellant,
v.
PETER GREWER,
Defendant-Appellant/Cross-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CASE NO. 5CPC-XX-XXXXXXX)

ORDER DENYING MOTION FOR RECONSIDERATION
(By: Wadsworth, Presiding Judge, and Guidry, J.,
and McCullen, J., dissenting)

Upon consideration of the motion for reconsideration
(Motion), filed on September 6, 2024, by Plaintiff-Appellee/
Cross-Appellant State of Hawai#i (State), the papers in support,
and the record, it appears that:
(1) The State seeks reconsideration of this court's
Summary Disposition Order filed on August 29, 2024;
(2) The State does not present new evidence or
arguments that could not have been presented in its answering
brief, filed on September 23, 2022, see Citizens for Equitable &
Responsible Gov't v. Cnty. of Hawai#i, 108 Hawai#i 318, 335, 120
P.3d 217, 234 (2005); and
(3) The State presents no point of law or fact that
this court overlooked or misapprehended. See Hawai#i Rules of
Appellate Procedure Rule 40(b).
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Motion is
denied.
DATED: Honolulu, Hawai#i, October 4, 2024.

/s/ Clyde J. Wadsworth
Presiding, J Judge

/s/ Kimberly T. Guidry
Associate Judge

I would grant the Motion, therefore, I respectfully
dissent.

/s/ Sonja M.P. McCullen
Associate Judge

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