State v. Bailey

Defendant-Appellant Francis Talo appeals his jury conviction for murder. At the outset, we note several glaring deficiencies in appellant’s opening brief. Appellant has cited Rules 72 and 73 of the Hawaii Rules of Civil Procedure as a basis for jurisdiction although this is an appeal from a criminal conviction. We also note that appellant has filed his notice of appeal three days outside the ten-day period set forth under Rule 37(c), Hawaii Rules of Penal Procedure. Had this been a civil appeal, the appropriate sanction would be a dismissal. However, for the reasons set forth by our…