Hawaii Supreme Court
Vincent M. Setala, Plaintiff-Appellant v. J.c. Penney Company, Sharlene Pacheco, Lamar Kauffman, Ryan Takahashi…
February 8, 200297 Haw. 484
Summary
The Hawaii Supreme Court held that a pro se prisoner’s notice of appeal is deemed filed under HRAP Rule 4(a) when tendered to prison officials, and remanded for an evidentiary hearing on the timeliness of the filing. Justice Moon, in a concurring opinion, noted that the majority did not decide any constitutional issues.
Holding
- Whether a notice of appeal filed by a pro se prisoner is deemed filed for purposes of HRAP Rule 4(a) when tendered to prison officials.. Yes; the notice is deemed filed on the day it is tendered to prison officials.
Docket 22943
Cited authorities
- Cal. R. Ct. Rule 31(a)