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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-JUN-2026 08:41 AM Dkt. 52 OAWST NO.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reflects a knowing and intelligent understanding of the consequences of the dismissal and that the withdrawal is made NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER voluntarily, and (5) dismissal is authorized by Hawaiʻi Rules of Appellate Procedure Rule 42(b) and (c).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