Hircajo III v. State - Court Opinion
Summary
The Hawaii Intermediate Court of Appeals issued an opinion on March 6, 2026, in Hircajo III v. State. The court dismissed a motion for reconsideration as untimely, citing the Hawaii Rules of Appellate Procedure.
What changed
The Hawaii Intermediate Court of Appeals issued an order on March 6, 2026, in the case of Hircajo III v. State (Docket No. CAAP-25-0000259). The court dismissed the petitioner-appellant's letter, construed as a motion for reconsideration, because it was filed after the deadline stipulated by the Hawaii Rules of Appellate Procedure.
This ruling means the petitioner's request to reconsider a prior order was denied due to untimeliness. For legal professionals and courts, this serves as a reminder of strict adherence to procedural deadlines in appellate filings. No specific compliance actions are required for regulated entities as this pertains to a specific court case.
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March 6, 2026 Get Citation Alerts Download PDF Add Note
Hircajo III v. State
Hawaii Intermediate Court of Appeals
- Citations: None known
Docket Number: CAAP-25-0000259
Combined Opinion
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
06-MAR-2026
08:01 AM
Dkt. 26 ODSMR
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
ERNEST HORCAJO III, Petitioner-Appellant,
v.
STATE OF HAWAIʻI, Respondent-Appellee.
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CPN-XX-XXXXXXX)
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, 1 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 The letter is deemed filed when Horcajo delivered it to prison
officials on February 23, 2026. See Setala v. J.C. Penney Co., 97 Hawaiʻi
484, 485, 40 P.3d 886, 887 (2002).
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
before January 2, 2026. See Hawaiʻi 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, Hawaiʻi, March 6, 2026.
/s/ Keith K. Hiraoka
Presiding Judge
/s/ Sonja M.P. McCullen
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
2
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