Villanueya v. State ( 2013 )

Electronically Filed
Supreme Court
SCPW-13-0003189
13-SEP-2013
12:07 PM
SCPW-13-0003189
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GERALD VILLANUEVA, Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 96-0078)
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Gerald Villanueva’s
petition for a writ of habeas corpus, which was filed on
September 4, 2013, the documents attached thereto and submitted
in support thereof, and the record, it appears that habeas corpus
relief is available to petitioner in the circuit court and
petitioner presents no special reason for the supreme court to
invoke its original jurisdiction at this time. See Oili v.
Chang, 57 Haw. 411, 412, 557 P.2d 787, 788 (1976) (the supreme
court “will not exercise its original jurisdiction in habeas
corpus proceedings when relief is available in a lower court and
no special reason exists for invoking its jurisdiction”).
Accordingly,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ of habeas corpus
without payment of the filing fee.
IT IS HEREBY FURTHER ORDERED that the petition for a
writ of habeas corpus is denied.
DATED: Honolulu, Hawai#i, September 13, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack