Electronically Filed Supreme Court SCPW-XX-XXXXXXX 13-DEC-2023 08:11 AM Dkt. 16 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

DONALD B. MARKS, Petitioner,

vs.

THE HONORABLE TRISH K. MORIKAWA, Judge of the Circuit Court of the First Circuit, State of Hawaiʻi, Respondent Judge,

and

STATE OF HAWAIʻI, Respondent. ________________________________________________________________ ORIGINAL PROCEEDING (CASE NO. 1CPN-XX-XXXXXXX)

ORDER DISMISSING PETITION (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Crabtree and Circuit Judge Kawashima, assigned by reason of vacancies)

Upon consideration of the renewed petition filed on October

24, 2023, the answer filed on December 7, 2023, and the record,

the Respondent Judge filed findings of fact, conclusions of law,

and an order denying Petitioner’s Hawaiʻi Rules of Penal

Procedure Rule 40 petition without a hearing. It is ordered that the renewed petition is dismissed as

moot.

DATED: Honolulu, Hawaii, December 13, 2023.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Jeffrey P. Crabtree

/s/ James S. Kawashima

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