Smith v. State
This text of Smith v. State (Smith v. State) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCPW-XX-XXXXXXX 06-MAR-2024 09:33 AM Dkt. 11 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________
DEXTER SMITH, Petitioner,
vs.
STATE OF HAWAIʻI, Respondent. ________________________________________________________________
ORIGINAL PROCEEDING (CASE NO. 1CPN-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Cataldo in place of Ginoza, J., recused, and Circuit Judge Malinao in place of Devens, J., recused)
Upon consideration of the petition for writ of habeas
corpus filed December 11, 2023, and the record, court inaction
may be addressed through a writ of mandamus issued to the
circuit court. Petitioner has not presented a special reason
for this court to invoke its original jurisdiction in a habeas
corpus proceeding. See Oili v. Chang, 57 Haw. 411, 412, 557
P.2d 787, 788 (1976); see also Gordon v. Maesaka-Hirata, 143
Hawaiʻi 335, 360 n.36, 431 P.3d 708, 733 n.36 (2018) (noting that habeas corpus may be available pre-conviction, but not as post-
conviction relief due to Hawaiʻi Rules of Penal Procedure Rule
40(a) (2006)).
It is ordered that the petition is denied.
DATED: Honolulu, Hawaiʻi, March 6, 2024.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa W. Cataldo
/s/ Clarissa Y. Malinao
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