Martinez v. Kawamura

                                                      Electronically Filed
                                                      Supreme Court
                                                      SCPW-XX-XXXXXXX
                                                      15-DEC-2023
                                                      11:04 AM
                                                      Dkt. 14 ORD



                         SCPW-XX-XXXXXXX

          IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________

                        MARSHALL MARTINEZ,
                            Petitioner,

                               vs.

               THE HONORABLE SHIRLEY M. KAWAMURA,
        Judge of the Circuit Court of the First Circuit,
               State of Hawaiʻi, Respondent Judge,

                               and

    SHANNON CLUNEY, WARDEN FOR HALAWA CORRECTIONAL FACILITY,
                           Respondent.
________________________________________________________________

                       ORIGINAL PROCEEDING
                   (CASE NO. 1CPN-XX-XXXXXXX)

                        ORDER DENYING MOTION
         (By: Recktenwald, C.J., McKenna, and Eddins, JJ.,
           Circuit Judge Morikone and Circuit Judge Park,
                  assigned by reason of vacancies)

     Upon consideration of the motion filed on December 4, 2023,
which we construe as requesting further review as a petition for
a writ of habeas corpus, and the record, habeas corpus
proceedings in Hawaiʻi state courts are governed by Hawaiʻi
Revised Statutes (HRS) Chapter 660, not federal statutes.
     Although this court has original concurrent jurisdiction
with the circuit court to issue writs of habeas corpus, see HRS
§ 660-3 (2016), this court will not exercise its original
jurisdiction in habeas corpus proceedings “when relief is
available in the lower court and no special reason exists for
invoking [this court’s] jurisdiction.”   Oili v. Chang, 

, 

 (1976); see Hawaiʻi Rules of Penal
Procedure (HRPP) Rule 40(a) (“The post-conviction proceeding
established by this rule shall encompass all common law and
statutory procedures for the same purpose, including habeas
corpus . . . ; provided that the foregoing shall not be
construed to limit the availability of remedies in the trial
court or on direct appeal.”).
     Appellate review of the circuit court’s order dismissing
Petitioner’s HRPP Rule 40 petition is currently pending in the
Intermediate Court of Appeals in CAAP-XX-XXXXXXX.     Petitioner
has not demonstrated a special reason for invoking this court’s
original jurisdiction in habeas corpus proceedings.
Petitioner’s arguments disputing the circuit court’s dismissal
of the HRPP Rule 40 petition should be filed in CAAP-XX-XXXXXXX
- not this proceeding.
     It is ordered that the motion is denied.
          DATED:   Honolulu, Hawaii, December 15, 2023.
                                     /s/ Mark E. Recktenwald
                                     /s/ Sabrina S. McKenna
                                     /s/ Todd W. Eddins
                                     /s/ Kevin T. Morikone
                                     /s/ Shanlyn A.S. Park




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