Rosa v. Kaua'i Police Department - Rehearing Motion Dismissed

Hawaii Supreme Court

Filed March 2nd, 2026

Detected March 3rd, 2026

Summary

The Supreme Court of the State of Hawai'i has dismissed a motion for reconsideration filed by Austin Rosa concerning a previous order. The court cited Hawai'i Rules of Appellate Procedure Rule 40.1(h), which states that rejections of applications for certiorari are final and not subject to reconsideration.

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What changed

The Supreme Court of the State of Hawai'i issued an order on March 2, 2026, dismissing a motion for reconsideration filed by Austin Rosa. This motion was construed from a Petition for Rehearing and pertained to the court's prior order on February 4, 2026, rejecting an application for a writ of certiorari. The court's decision is based on Hawai'i Rules of Appellate Procedure Rule 40.1(h), which explicitly prohibits motions for reconsideration of certiorari application rejections, deeming them final.

This action signifies the finality of the court's decision regarding the certiorari application in this case. For legal professionals involved in appellate procedures, this reinforces the strict limitations on seeking reconsideration of such decisions in Hawai'i. There are no immediate compliance actions required for regulated entities, as this is a procedural ruling within the judicial system.

Source document (simplified)

Electronically Filed Supreme Court SCWC-23-0000492 02-MAR-2026 08:29 AM Dkt. 18 ODSMR SCWC-23-0000492 IN THE SUPREME COURT OF THE STATE OF HAWAI ‘ I AUSTIN ROSA, Petitioner/Plaintiff-Appellant, vs. KAUA ʻ I POLICE DEPARTMENT; OFFICE OF THE PROSECUTING ATTORNEY; and COUNTY OF KAUA ʻ I, STATE OF HAWAI ʻ I, Respondents/Defendants-Appellees. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-23-0000492; CASE NO. 5CCV-22-0000023) ORDER (By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ., and Circuit Judge Morikone, assigned by reason of vacancy) Upon consideration of Petitioner/Plaintiff-Appellant Austin Rosa’s Petition for Rehearing, filed on February 25, 2026, which this court construes as a motion for reconsideration of the February 4, 2026, Order Rejecting Application for Writ of Certiorari, IT IS HEREBY ORDERED that the motion is dismissed. See Hawai ‘ i Rules of Appellate Procedure Rule 40.1(h) (“Neither acceptance nor rejection of an application for a writ of

certiorari shall be subject to a motion for reconsideration in the supreme court. The rejection of an application for certiorari shall be final.”). DATED: Honolulu, Hawai ʻ i, March 2, 2026. /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Lisa M. Ginoza /s/ Vladimir P. Devens /s/ Kevin T. Morikone 2