Eleson v. State

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
17-DEC-2019
02:47 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
ERIC RICHARD ELESON, Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Eric Richard Eleson’s
petition for writ of habeas corpus, filed on December 10, 2019,
the documents attached thereto and submitted in support thereof,
and the record, it appears that petitioner presents no special
reason for this court to invoke its 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 petition for writ of
habeas corpus is denied.
IT IS HEREBY ALSO ORDERED that the clerk of the
appellate court shall process the petition for writ of habeas
corpus without payment of the filing fee.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court is directed to file a copy of petitioner’s
“Verified Petition for a Writ in the Nature of Habeas Corpus,”
filed on December 10, 2019 (Dkt. No. 1), as an application for
writ of certiorari of the ICA’s judgment on appeal, filed on
December 6, 2019, in CAAP-XX-XXXXXXX. A filed-marked copy of
the document filed as an application for writ of certiorari shall
be provided to petitioner.
DATED: Honolulu, Hawai#i, December 17, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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