Background
Nicholas D. Burns filed a post-conviction petition in the Circuit Court of the Third Circuit (Case No. 3CPN-23-0000002) and subsequently appealed to the Hawaii Intermediate Court of Appeals. The appeal was docketed under CAAP-25-0000423.
On May 5, 2026, Burns, through counsel, filed a stipulation for dismissal of the appeal. The stipulation was signed by counsel for all parties and supported by Burns’s own declaration affirming that he understood the consequences of dismissal and that his withdrawal of the appeal was knowing, intelligent, and voluntary.
The Court’s Holding
The court approved the stipulation and dismissed the appeal. The court found that all procedural requirements for a stipulated dismissal were satisfied: the appeal had been docketed, no fees or costs were outstanding, the stipulation was properly signed by counsel for all parties, and Burns’s declaration demonstrated a knowing and voluntary waiver.
The dismissal was authorized pursuant to Hawaiʻi Rules of Appellate Procedure Rule 42(b) and (c). The order was issued by Chief Judge Karen T. Nakasone and Associate Judges Clyde J. Wadsworth and Daniel M. Gluck.
Key Takeaways
- A stipulated dismissal of an appeal requires a signed declaration from the appellant demonstrating a knowing, intelligent, and voluntary understanding of the consequences.
- Hawaiʻi Rules of Appellate Procedure Rule 42(b) and (c) govern the procedural requirements for dismissal by stipulation in civil and criminal appeals.
- No substantive post-conviction claims were addressed on the merits; the case terminated on procedural grounds.
Why It Matters
This order is procedural in nature and carries no precedential weight on post-conviction doctrine. It is marked “not for publication” and illustrates the standard requirements Hawaii appellate courts impose before approving a stipulated dismissal — most notably the appellant’s personal declaration of a voluntary and informed waiver, a safeguard designed to protect defendants who may be under pressure to abandon meritorious appeals.