Once again we round-up the stats for the Hawaii appellate courts for the previous month.
In the month of January 2013, 92 opinions and orders were issued by the courts, up from 77 in December. The following is a break-down of how the numbers fell:
|
|
Hawaii Supreme Court |
Intermediate Court of Appeals |
|
Opinions |
3
|
5 +1 published per order granting publication request of December disposition |
|
Memorandum Opinions |
7 |
|
|
Summary Disposition Orders |
20 |
|
|
Orders Granting Reconsideration |
||
|
Orders Denying Reconsideration |
4 |
3 |
|
Dismissal Orders – Lack of Jurisdiction |
7 |
|
|
Dismissal Orders – HRAP 30 |
|
1 |
|
Dismissal Orders - Other |
9 |
2 |
|
Misc. Orders |
7 |
4 |
|
Writs of Cert Accepted |
XXXXXXXXXXXXXXXXXXXXXXXXXX |
|
|
Writs of Cert Rejected |
7 + 2 dismissed |
XXXXXXXXXXXXXXXXXXXXXXXXXX |
|
Mandamus Grants |
XXXXXXXXXXXXXXXXXXXXXXXXXX |
|
|
Mandamus Denials |
10 |
XXXXXXXXXXXXXXXXXXXXXXXXXX |
|
FOF/COL/Judgment |
XXXXXXXXXXXXXXXXXXXXXXXXXX |
HAWSCT judges issuing separate opinions this month:
Justice Acoba issued one dissenting opinion from an order denying mandamus in Tierney v. Sakai here.
Justice Pollack issued one dissenting opinion from an order rejecting cert in State v. Lui here.
ICA judges issuing separate opinions this month:
No ICA Judges issued separate opinions in January.
* * * *
A few observations about this month’s stats:
(1) For the first time since we’ve been tracking the stats, the HAWSCT granted as many cert applications as it denied;
(2) The HAWSCT issued a number of denials of writs of mandamus, which as we blogged about here is the usual disposition of such writs;
(3) The ICA’s non-SDO opinion dispositions – published and memorandum opinions – were higher than average this month;
(4) The ICA cleared on old case off its docket this month, and appears to be deciding recent cases much quicker (4 of the 5 cases this month were disposed of between 4-5 months after the merit panel was assigned and 12-21 months after the notice of appeal was filed).
(4) TIME TO DISPOSITION:
For ICA opinions, we track the time from the date the merit panel is assigned. For HAWSCT opinions, we track the time from the date a cert application (or application to transfer or other direct appeal) is filed. The time to disposition for transfer application to the HAWSCT is generally longer than for cert applications because the parties must brief the case (if the briefing has not already been submitted to the ICA prior to transfer). For a more detailed explanation on time to disposition visit our post on the topic here. Published opinions filed pursuant to the grant of a motion to publish (of a case disposed of in a prior month) are not included in the time to disposition stats.
HAWSCT Opinions
Ralston v. Yim
Cert Application = 9/21/2012
Disposition = 1/25/2013
Total time = 4 months
State v. Ngo
Cert Application = 6/2/2012
Disposition = 1/4/2013
Total time = 7 months
State v. Kaulia
Cert Application = 9/4/2012
Disposition = 1/4/2013
Total time = 4 months
ICA Opinions
State v. Kong
Notice of Appeal = 5/10/2011
Merit Panel = 10/9/2012
Disposition = 1/31/2013
Total time = 4 months
Feddy Nobriga Enterpr. v. DHHL
Notice of Appeal = 10/29/2007
Merit Panel = 8/18/2008 (subst. 5/12/10; 5/26/10)
Disposition = 1/30/2013
Total time = 54 months
AOAO of Waikoloa Beach Villas v. Sunstone Waikoloa
Notice of Appeal = 11/29/2011
Merit Panel = 9/10/2012
Disposition = 1/29/2013
Total time = 5 months
Fratinardo v. ERS, State of Hawaii
Notice of Appeal = 1/30/2012
Merit Panel = 10/9/2012 (subst. 10/19/12)
Disposition = 1/28/2013
Total time = 4 months
Hoku Lele v. City & County of Honolulu
Notice of Appeal = 12/19/2011
Merit Panel = 9/10/2012
Disposition = 1/25/2013
Total time = 5 months
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