Rivera v. State ( 2023 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
25-OCT-2023
11:59 AM
Dkt. 13 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________
STYRAN EDDIE RIVERA,
Petitioner,
vs.
STATE OF HAWAIʻI,
Respondent.
________________________________________________________________
ORIGINAL PROCEEDING
(CASE NO. 1PC001000029)
ORDER DENYING PETITION
(By: Recktenwald, C.J., McKenna, and Eddins, JJ.,
Circuit Judge Nakamoto and Circuit Judge Drewyer,
assigned by reason of vacancies)
Upon consideration of the letter filed on September 27,
2023, and the record, to the extent that Styran Eddie Rivera
(Rivera) seeks relief from this court in the form of a petition
for writ of habeas corpus or a petition for an extraordinary
writ, that request is denied because Rivera has not demonstrated
a clear and indisputable right to relief, nor a lack of
alternative means to seek relief. See Kema v. Gaddis, 91 Hawaiʻi
200, 204, 982 P.2d 334, 338 (1999).
Rivera has also not demonstrated a special reason for this
court to exercise its original jurisdiction in this case. See
Oili v. Chang, 57 Haw. 411, 412, 557 P.2d 787, 788 (1976).
However, it is ordered that the appellate clerk shall file
Rivera’s letter and attachments, together with a copy of this
order, in the circuit court for consideration as a non-
conforming Hawaiʻi Rules of Penal Procedure Rule 40 petition for
post-conviction relief.
DATED: Honolulu, Hawaiʻi, October 25, 2023.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Henry T. Nakamoto
/s/ Michelle L. Drewyer
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