State v. Long

Electronically Filed Supreme Court SCPW-13-0005642 13-FEB-2014 08:05 AM SCPW-13-0005642 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Respondent, vs. DeWITT LONG, Petitioner. ORIGINAL PROCEEDING (CR. NO. 12-1-1613) ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.) Upon consideration of petitioner DeWitt Long’s petition for a writ of habeas corpus, filed on November 25, 2013, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner has alternative means to seek relief and 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 a writ of habeas corpus is denied without prejudice. DATED: Honolulu, Hawai#i, February 13, 2014. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack 2