Nakaula v. State
CourtHawaii Intermediate Court of Appeals
Date FiledSeptember 28, 2026
DocketCAAP-26-0000325
StatusPublished
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Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
28-SEP-2026
07:59 AM
Dkt. 47 ORD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
EDWARD K. NAKAULA, JR., Petitioner-Appellant,
v.
STATE OF HAWAIʻI, Respondent-Appellee.
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(CASE NOS. 5CPN-XX-XXXXXXX; 5FC940000011)
ORDER
(By: Nakasone, Chief Judge, Wadsworth and McCullen, JJ.)
Upon consideration of Respondent-Appellee State of
Hawaiʻi's (State) September 4, 2026 Motion to Dismiss Appeal for
Lack of Jurisdiction and Alternatively, to Strike Appellant's
Opening Brief Filed August 14, 2026 (Motion to Dismiss), the
papers in support, and the record, it appears that Petitioner-
Appellant Edward K. Nakaula, Jr. (Nakaula) filed a self-
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
represented appeal from 5CPN-XX-XXXXXXX, 1 which the State seeks
to dismiss for lack of appellate jurisdiction. Alternatively,
the State asks the court to strike Nakaula's August 14, 2026
self-represented Opening Brief for exceeding the page limit set
forth in Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 28(a).
Pursuant to Hawaiʻi Revised Statutes § 641-11 (2016)
and Hawaiʻi Rules of Penal Procedure (HRPP) Rule 40(h), "appeals
from proceedings for post-conviction relief may be made from a
judgment entered in the proceeding and must be taken in
accordance with Rule 4(b) of the [HRAP]." Grattafiori v. State,
79 Hawaiʻi 10, 13, 897 P.2d 937, 940 (1995) (brackets omitted).
Although HRPP Rule 40(h) refers to the appealable document as a
"judgment," the Hawaiʻi Supreme Court has indicated that a
"written order" deciding an HRPP Rule 40 petition for post-
conviction relief is appealable pursuant to HRPP Rule 40(h).
Id. at 14, 897 P.2d at 941.
The Circuit Court of the Fifth Circuit has not yet
entered a decision on Nakaula's October 24, 2025 Petition to
Vacate, Set Aside, or Correct Judgment or to Release Petitioner
for Custody. Accordingly, the appeal is premature, and the
court lacks jurisdiction.
Therefore, IT IS HEREBY ORDERED that the Motion to
Dismiss is granted in part and denied in part as follows:
1. The appeal is dismissed.
2. All other relief requested is denied as
unnecessary.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
1 Nakaula does not identify the order from which he appeals. Though
Nakaula is represented by counsel Mark Zenger, he filed the appeal self-
represented.
2
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
IT IS FURTHER ORDERED that a copy of this order shall
be mailed to Nakaula at the return address on the envelope
attached to his notice of appeal.
DATED: Honolulu, Hawaiʻi, September 28, 2026.
/s/ Karen T. Nakasone
Chief Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Sonja M.P. McCullen
Associate Judge
3