Villanueva v. State ( 2013 )

Electronically Filed
Supreme Court
SCPW-13-0003189
03-DEC-2013
08:00 AM
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
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
On November 19, 2013, the appellate clerks’ office
filed a document submitted by petitioner Gerald Villanueva
entitled “Complaint - The Original Jurisdiction Belongs to the
People”, in which it appears that petitioner is challenging his
incarceration on the ground that “the Corporate Government such
as the State of Hawai[#]i, is an artificial person or entity” and
“not equal to [him] as an American citizen”. The document
references the case no. as SCPW-13-0003189 and, therefore, was
filed in SCPW-13-0003189. SCPW-13-0003189, however, is closed.
Upon consideration of the document, the supporting
documents, and the record, it is unclear whether petitioner
intended to file the document as a complaint or as a habeas
corpus petition. To the extent petitioner is seeking to file a
complaint against the State of Hawai#i, this court lacks
jurisdiction to consider the complaint. See HRS § 602-5 (Supp.
2012). To the extent petitioner is seeking post-conviction
relief, he can seek such relief, as appropriate, in the circuit
court. 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 “Complaint - The Original
Jurisdiction Belongs to the People” is dismissed.
IT IS HEREBY FURTHER ORDERED that the appellate clerk
shall not accept any further filings from petitioner in this
closed original proceeding.
DATED: Honolulu, Hawai#i, December 3, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack