In re: Rivera

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 03-AUG-2026 12:56 PM Dkt. 15 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

IN RE STYRAN EDDIE RIVERA ________________________________________________________________

ORIGINAL PROCEEDING (CASE NO. 1PC001000029)

ORDER DENYING PETITIONS WITHOUT PREJUDICE (By: Devens, C.J., McKenna, Eddins, and Ginoza, JJ., and Circuit Judge Kubota, assigned by reason of vacancy)

Upon consideration of Petitioner’s “second motion for

response” filed March 10, 2026, which we construe as a petition

for extraordinary writ, and the record, the “motion Rule 40 post

conviction entered November 5, 2025” is not before this court.

The “November 5, 2025” motion was filed in the circuit court in

1PC001000029 on December 1, 2025. Petitioner’s request for

relief should be sought in the circuit court rather than this

court. This petition is denied without prejudice to filing in

the circuit court. See Womble Bond Dickinson (US) LLP v. Kim

(Womble), 153 Hawaiʻi 307, 319, 537 P.3d 1154, 1166 (2023).

Another document from Petitioner was filed on June 17,

2026, and states it is a “petition for a writ of declaratory judgment ‘without relief.’” Upon consideration of this document

and the record, we construe this document as a petition for

extraordinary writ and deny the petition without prejudice to

filing in the circuit court. See Womble, 153 Hawaiʻi at 319, 537

P.3d at 1166; see also Hawaiʻi Rules of Penal Procedure Rule 40

(eff. 2006).

The appellate clerk is ordered to transmit a copy of this

order to the Circuit Court of the First Circuit Criminal

Administrative Judge.

DATED: Honolulu, Hawaiʻi, August 3, 2026.

/s/ Vladimir P. Devens

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Peter K. Kubota