Grattafiori v. State

LEVINSON, Justice.

This appeal allows us to clarify the rules regarding timeliness of the filing of a notice of appeal pursuant to Hawai'i Rules of Penal Procedure (HRPP) Rule 40, which governs petitions for post-conviction relief. 1 The petitioner-appellant Anthony N. Grattafiori appeals from the second circuit court’s order denying his second HRPP Rule 40 petition for post-conviction relief.

For the reasons set forth below, we need not reach the merits of Grattafiori’s claim. 2 Instead, we dismiss the case for lack of appellate jurisdiction.

I. BACKGROUND

In September 1983, Linda White and her…