Fleming v. State ( 2013 )

Electronically Filed Supreme Court SCPW-13-0005780 24-DEC-2013 02:05 PM SCPW-13-0005780 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DAVID T. FLEMING, Petitioner, vs. STATE OF HAWAI#I, Respondent. ORIGINAL PROCEEDING (CR. NO. 06-1-0570(1)) ORDER DENYING WITHOUT PREJUDICE MOTION FOR TIME TO RESPOND TO PETITION FOR WRIT OF HABEAS CORPUS (By: McKenna, J.) Upon consideration of respondent State of Hawai#i’s “Motion for Time to Respond to Petitioner David T. Fleming’s Application for a Petition for a Writ of Habeas Corpus”, filed on December 13, 2013, the declaration attached thereto and submitted in support thereof, and the record, it appears that there is no statute or rule that expressly allows for a response to a habeas corpus petition pending before this court absent a court order. Accordingly, IT IS HEREBY ORDERED that the motion is denied without prejudice to seeking an extension of time to respond, as appropriate, should the court direct the respondent to answer the petition. DATED: Honolulu, Hawai#i, December 24, 2013. /s/ Sabrina S. McKenna