State v. Makaila

Counsel for the defendant-appellant George Makaila, deceased, moves this court for reconsideration of its April 10,1995 order dismissing the appeal and denying his motion to vacate Makaila’s judgment of conviction for murder.

For the following reasons, we grant the motion for reconsideration in part and vacate our order dismissing the appeal. Pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 43(a) 1 , this court will consider a motion for substitution of party and allow the appeal to proceed on the merits as provided herein.

To the extent that State v. Gomes, 57 Haw. 271, 554 P.2d 235…