State v. Alday-Morales
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 12, 2026
DocketCAAP-25-0000823
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
12-OCT-2026
10:09 AM
Dkt. 52 ODMR
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
STATE OF HAWAI‘I, Plaintiff-Appellee,
v.
TOMAS ALDAY-MORALES, Defendant-Appellant
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CPC-XX-XXXXXXX)
ORDER DENYING MOTION FOR RECONSIDERATION
(By: Nakasone, Chief Judge, Hiraoka, Guidry, JJ.)
Upon consideration of Defendant-Appellant-Appellant
Tomas Alday-Morales's (Alday-Morales) October 2, 2026 "Motion
for Reconsideration" (Motion) of the Summary Disposition Order
(SDO) filed on September 22, 2026, pursuant to Hawaiʻi Rules of
Appellate Procedure (HRAP) Rule 40, and the record and files
herein, it appears that:
1. This court concluded in the SDO that "Alday-
Morales's requested 'resentencing before a different judge'
[was] not supported by any argument or authority" and was
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
therefore waived under HRAP Rule 28(b)(7). State v. Alday-
Morales, No. CAAP-XX-XXXXXXX, 2026 WL 2836930, at *4 (Haw. App.
Sep. 22, 2026) (SDO).
2. The Motion argues that the Opening Brief's (OB)
citation to State v. Carvalho, followed by a parenthetical,
adequately supported Alday-Morales's requested resentencing
before a different judge. The OB at page 8 pertinently stated:
As a result, this Court must vacate the judgment and
sentence imposed, and remand the case for resentencing
before a different judge. State v. Carvalho, 90 Hawaiʻi 280,
288, 978 P.2d 718, 726 (1999) (remanding to a different
judge after the trial court used an improper sentencing
procedure).
No additional argument was made beyond the above in the OB. The
Motion requests that this court grant reconsideration to amend
the SDO by remanding this case for resentencing before a
different circuit court judge.
3. While Alday-Morales is correct that this court
overlooked his Carvalho citation, see HRAP Rule 40(b), the OB
presented no argument as to why the relief granted in Carvalho
should apply here. The OB did not explain how the Circuit
Court's insufficient articulation of its rationale for each
consecutive sentence was analogous to Carvalho, in which
resentencing before a different judge was ordered on remand
because of the sentencing court's violation of the defendant's
"right of presentence allocution." 90 Hawaiʻi at 286, 978 P.2d
at 724. See HRAP Rule 28(b)(7).
4. The purpose of a motion for reconsideration
"is to allow the parties to present new evidence and/or
arguments that could not have been presented . . .
earlier." Chen v. Mah, 146 Hawaiʻi 157, 172, 457 P.3d 796,
811 (2020) (citation omitted). "Reconsideration is not a
2
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
device to relitigate old matters or to raise arguments or
evidence that could and should have been brought during the
earlier proceeding." Id. (citation omitted).
5. It appears that the Motion is raising new arguments
that were not made during briefing. The State's Answering Brief
(AB) responded extensively to the OB's request for resentencing
before a different judge, arguing that no "unusual
circumstances" or "bias" was shown to warrant a remand to a
different judge. The AB also noted that recent precedent of
State v. Bunag, 158 Hawaiʻi 122, 128, 587 P.3d 697, 703 (2026),
was "closely analogous to the instant case" because the sole
issue on appeal was the sentencing court's "insufficient
rationale for consecutive sentencing," and the court remanded
for resentencing before the same judge despite the defendant's
request on certiorari for a different sentencing judge.
6. Alday-Morales did not submit a Reply Brief (RB) in
response to approximately four pages of argument made in the AB
on this issue. We conclude the Motion does not present argument
that "could not have been presented" during the earlier briefing
process and "could and should have been brought" to this court's
attention in a RB. Chen, 146 Hawai‘i at 172, 457 P.3d at 811.
7. In any event, even if not waived, Alday-Morales's
contention that resentencing before a different judge is
warranted lacks merit, where the Hawaiʻi Supreme Court remanded
for resentencing before the same judge in analogous recent cases
of Bunag, 158 Hawaiʻi 122, 587 P.3d 697 and State v. Bautista,
153 Hawaiʻi 284, 535 P.3d 1029 (2023).
3
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
IT IS HEREBY ORDERED that the Motion is denied.
DATED: Honolulu, Hawai‘i, October 12, 2026.
/s/ Karen T. Nakasone
Chief Judge
/s/ Keith K. Hiraoka
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
4