Slavick v. State, 011921 HIICA, CAAP-20-0000076

Docket NºCAAP-20-0000076
Party NameCHRIS SLAVICK, Petitioner-Appellant, v. STATE OF HAWAI'I, Respondent-Appellee
Judge PanelGinoza, Chief Judge and Leonard, J.
Case DateJanuary 19, 2021

CHRIS SLAVICK, Petitioner-Appellant,

v.

STATE OF HAWAI'I, Respondent-Appellee

No. CAAP-20-0000076

Intermediate Court of Appeals of Hawaii

January 19, 2021

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (S.P.P. NO. 1PR191000014 (CR. NO. 1PC041001534))

Ginoza, Chief Judge and Leonard, J. [1]

ORDER GRANTING MOTION FOR RECONSIDERATION

Upon consideration of self-represented Petitioner-Appellant Chris Slavick's (Slavick) "Motion to Reinstate and Voiding of Wrongful Dismissal Motion for a Protection Order," electronically filed January 4, 2021, which the court construes as a motion for reconsideration (January 4, 2021 Motion for Reconsideration), the papers in support, and the record, it appears that:

(1) On October 29, 2020, the court dismissed this appeal for failure to file the opening brief, and dismissed all pending motions, including Slavick's September 23, 2020 "Motion to Issue Order to Return the 3 CD's [sic]; Motion to Order [Halawa Correctional Facility (Halawa)] and [Saguaro Correctional Center (Saguaro)] Staff to Provide Video of Property and Turnover [sic] Property" (September 23, 2020 Motion);

(2) In the January 4, 2021 Motion for Reconsideration, Slavick seeks reconsideration of the October 29, 2020 dismissal order, because, he alleges, prison officials obstructed his legal mail. Slavick states that officials at Saguaro confiscated his legal and personal property on August 4, 2020, and he transferred to Halawa on August 5, 2020, where he was quarantined without his legal property until August 20, 2020. Meanwhile, the deadline to file the opening brief in this appeal expired on August 17, 2020. Slavick states that he received "some" of his legal property on August 28, 2020, and that following an inmate grievance, Halawa staff returned an additional "box of legal documents and legal book" on November 16, 2020, after the court dismissed the appeal;

(3) A motion for reconsideration may be filed within ten days after a dispositional order "unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved." Hawai'i Rules of Appellate Procedure (HRAP) Rule 40 (a) . In this case, a motion for reconsideration of the October 29, 2020 dismissal order was due on or before November 9, 2020. See HRAP Rules Rules 26(a) & 40(a);

(4) Under the mailbox rule, a document filed by a self-represented prisoner is deemed filed on the day it is tendered to prison officials. Setala v. J.C. Penney Co., 97 Hawai'i 484, 40 P.3d 886 (2002). It is not clear when Slavick delivered the January 4, 2021 Motion for Reconsideration to prison officials. Nonetheless, Slavick states "[Halawa] staff + mailrooms [sic] Terri Yoshinaga held this for 9 days and returned this on December 24, 2020. Yoshinaga + other identified [Halawa] staff deliberately obstruct. This is re-deposited USPS mailbox 12/29 @ 7PM." Slavick further states "this is a second filing as Petitioner is unaware if this Supreme Court ever received the first because [Halawa] staff and mailroom's Terri Yoshinaga are criminally obstructing Petitioner's federal rights to send USPS federal mail to Hawaii Courts, agencies, and attornies [sic]." (Emphasis in original.) Slavick does not indicate when he purportedly delivered the first motion to prison officials. Even if Slavick originally submitted the January 4, 2021 Motion for Reconsideration to prison officials nine days before December 24,...

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