Background
Edward K. Nakaula, Jr. filed a self-represented appeal connected to a post-conviction proceeding in the Family Court of the First Circuit. His notice of appeal did not identify the order from which he appealed.
The State moved to dismiss for lack of appellate jurisdiction. In the alternative, it asked the Intermediate Court of Appeals to strike Nakaula’s opening brief for exceeding the page limit under Hawaiʻi Rules of Appellate Procedure Rule 28(a).
The Court’s Holding
The court dismissed the appeal as premature. Although a written order deciding a petition for post-conviction relief is appealable under Hawaiʻi Rules of Penal Procedure Rule 40(h), the Circuit Court of the Fifth Circuit had not yet decided Nakaula’s October 24, 2025 petition to vacate, set aside, or correct judgment or release him from custody.
Because no decision on the Rule 40 petition had been entered, the appellate court lacked jurisdiction. It granted the State’s dismissal motion in part, denied the remaining requested relief as unnecessary, and dismissed all pending motions.
Key Takeaways
- A post-conviction appeal requires a written decision on the Rule 40 petition.
- An appeal filed before the trial court decides the petition is premature and must be dismissed for lack of jurisdiction.
- Once the appeal was dismissed, the State’s request to strike the opening brief was unnecessary.
Why It Matters
The order reinforces that appellate jurisdiction in Hawaiʻi post-conviction proceedings depends on a trial-court decision resolving the Rule 40 petition. A notice of appeal cannot create jurisdiction while that petition remains undecided.