Ernest Horcajo III v. State - Order Dismissing Reconsideration Motion

Hawaii Supreme Court

Filed March 6th, 2026

Detected March 7th, 2026

Summary

The Intermediate Court of Appeals of the State of Hawaiʻi dismissed a motion for reconsideration filed by Ernest Horcajo III as untimely. The motion was filed after the deadline established by the Hawaiʻi Rules of Appellate Procedure.

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What changed

The Intermediate Court of Appeals of the State of Hawaiʻi has issued an order dismissing a motion for reconsideration filed by Ernest Horcajo III in the case Ernest Horcajo III v. State of Hawaiʻi. The court found that the motion, construed from a letter filed by the petitioner, was untimely as it was filed after the deadline of January 2, 2026, as stipulated by Hawaiʻi Rules of Appellate Procedure Rules 26(a) and 40(a).

This dismissal means the prior order dismissing the appeal remains in effect. For legal professionals involved in appellate cases, this serves as a reminder of strict adherence to filing deadlines as outlined in the Hawaiʻi Rules of Appellate Procedure. Failure to comply with these procedural rules can result in the dismissal of motions and appeals.

Source document (simplified)

NOT FOR PUBLICA TION IN WEST'S HA W AI ʻ I REPORTS AND P ACI FIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-25-0000259 06-MAR-2026 08:01 AM Dkt. 26 ODSMR NO. CAAP-25-0000259 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI ʻ I ERNEST HORCAJO III, Petitioner-Appellant, v. STATE OF HAWAI ʻ I, Respondent-Appellee. APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CPN-20-0000003) ORDER DISMISSING MOTION FOR RECONSIDERATION (By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.) Upon consideration of self-represented Petitioner- Appellant Ernest Horcajo III's (Horcajo) letter, electronically filed March 3, 2026, the papers in support, and the record, it appears that Horcajo seeks reconsideration of the December 22, 2025 Order Dismissing Appeal; however, a motion for reconsideration of the December 22, 2025 order was due on or 1 1 The letter is deemed filed when Horcajo delivered it to prison officials on February 23, 2026. See Setala v. J.C. Penney Co., 97 Hawai ʻ i 484, 485, 40 P.3d 886, 887 (2002).

NOT FOR PUBLICA TION IN WEST'S HA W AI ʻ I REPORTS AND P ACI FIC REPORTER before January 2, 2026. See Hawai ʻ i Rules of Appellate Procedure Rules 26(a), 40(a). Therefore, IT IS HEREBY ORDERED that the letter, construed as a motion for reconsideration, is dismissed as untimely. DATED: Honolulu, Hawai ʻ i, March 6, 2026. /s/ Keith K. Hiraoka Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge 2