Spears v. Frank

• Court: Hawaii Supreme Court
• Decided: June 15, 2010
• Docket: 30524
• Status: Published

Opinion

LAW LIBHAHY

N0. 30524 IN THE sUPREME coURT or THE sTATE oF HAwA1T EvERETT sPEARs, Petiti@ner, if §§ §§ VS . ' CLAYToN FRANK, D:REcToR oF THE DEPARTMEN ¢" § PUBLic sAFETY, STATE or HAwAf1, ReSp@nd@ :»` ~¢ ge .2§§H :Y §§ """‘¢ 0RIGINAL PRocEED:NG fmc §§ (cR. No. 00-1-0333) oRDER and Recktenwald, JJ.)

C.J., Nakayama, Acoba, Duffy,

(By: Moon, Upon consideration of Everett Spears' petition for a it appears that petitioner seeks habeas

writ of habeas corpus, corpus relief in the supreme court from the sentence imposed on the record of Cr. No.

00-l+0333. However,

petitioner in Cr. No. 00-l-0333 shows that petitioner is seeking relief from his 2008

sentence in the circuit court by papers filed on July 22,

("motion for writ"), March l6, 20l0 ("motion for writ"), May ll,

2010 (motion for appointment of counsel), and May l8, 2010 -- all of which are pending before

("motion to clarify sentence") the circuit court, and petitioner fails to demonstrate that the

petitioner presents

circuit court has, in fact, refused to file a "writ of habeas Therefore,

corpus" submitted by petitioner. no special reason for invoking the supreme court’s original 557 P.2d 787,

57 Haw. 5ll, 5l2,

See Oili v. Chang,

jurisdiction. 788 (l976). Accordingly, lT lS HEREBY ORDERED that the clerk of the appellate

court shall process the petition for writ of habeas corpus

without payment of the filing fee.

lT lS FURTHER ORDERED that the petition for a writ of habeas corpus is denied without prejudice to seeking habeas corpus relief in the circuit court pursuant to HRS § 660-3 (l993).

DATED: Hon@iulu, Hawai‘i, Jun@ 15, 2010,

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