Electronically Filed
Supreme Court
SCPW-12-0000655
09-AUG-2012
01:14 PM
NO. SCPW-12-0000655
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
HERMAN-LEE KAOPUA, SR., Petitioner,
vs.
CIRCUIT COURT OF THE FIFTH CIRCUIT, STATE OF HAWAI'I,
Respondent.
ORIGINAL PROCEEDING
(CR. NO. 01-1-0185; S.P.P. NO. 06-1-0001
and S.P.P. NO. 09-1-00071)
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Herman-Lee Kaopua Sr.’s
July 20, 2012 petition for a writ of habeas corpus and the papers
attached thereto, including the request to proceed in forma
pauperis with the appointment of counsel, it appears that
petitioner may seek habeas corpus relief in the circuit court and
petitioner presents no special reason for invoking the supreme
court’s original jurisdiction. See Oili v. Chang, 57 Haw. 411,
412, 557 P.2d 787, 788 (1976). Accordingly,
IT IS HEREBY ORDERED that petitioner’s request to proceed
in forma pauperis is granted and the clerk of the appellate court
shall process the petition for a writ of habeas corpus without
payment of the filing fee.
IT IS FURTHER ORDERED that to the extent Kaopua seeks the
appointment of counsel, his request is denied.
IT IS ALSO ORDERED that the petition for a writ of habeas
corpus is dismissed without prejudice to seeking habeas corpus
relief in the circuit court pursuant to HRS § 660-3 (1993).
DATED: Honolulu, Hawai'i, August 9, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
Kapoua v. Circuit Court of the Fifth Circuit
Combined Opinion