Rivera v. State

Opinion

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