Electronically Filed
Supreme Court
SCPW-13-0000390
24-MAY-2013
03:11 PM
SCPW-13-0000390
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MONTY V. RIDEOUT, Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(S.P.P. No. 13-1-001K)
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon review of petitioner Monty V. Rideout’s “Motion
for Release Under H.R.A.P. Rule 23(b) Pursuant to Pending Rule 40
SSP 13-1-001K”, which was filed on April 5, 2013, and which we
treat as a petition for a writ of habeas corpus, the supporting
and supplemental documents, and the record, it appears that
petitioner, who is currently seeking post-conviction relief in
the circuit court, can seek habeas relief in the circuit court
and presents no special reason for the supreme court to invoke
its original jurisdiction at this time. See Oili v. Chang, 57
Haw. 411, 412, 557 P.2d 787, 788 (1976). Moreover, petitioner
fails to demonstrate that his release from custody pending the
disposition of his post-conviction proceeding is fitting under
the circumstances. See HRAP Rule 23(b). Therefore,
IT IS HEREBY ORDERED that the petition for a writ of
habeas corpus is denied.
DATED: Honolulu, Hawai#i, May 24, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack