Opinion
SCPW-23-0000721
03-06-2024
DEXTER SMITH, Petitioner, v. STATE OF HAWAIʻI, Respondent.
ORIGINAL PROCEEDING (CASE NO. 1CPN-23-0000030)
Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Cataldo in place of Ginoza, J., recused, and Circuit Judge Malinao in place of Devens, J., recused
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
Upon consideration of the petition for writ of habeas corpus filed December 11, 2023, and the record, court inaction may be addressed through a writ of mandamus issued to the circuit court. Petitioner has not presented a special reason for this court to invoke its original jurisdiction in a habeas corpus proceeding. See Oili v. Chang, 57 Haw. 411, 412, 557 P.2d 787, 788 (1976); see also Gordon v. Maesaka-Hirata, 143 Hawai'i 335, 360 n.36, 431 P.3d 708, 733 n.36 (2018) (noting that habeas corpus may be available pre-conviction, but not as postconviction relief due to Hawai'i Rules of Penal Procedure Rule 40 (a) (2006)) .
It is ordered that the petition is denied.