In re: Rivera
CourtHawaii Supreme Court
Date FiledAugust 3, 2026
DocketSCPW-26-0000172
StatusPublished
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Full Opinion
Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
03-AUG-2026
12:56 PM
Dkt. 15 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________
IN RE STYRAN EDDIE RIVERA
________________________________________________________________
ORIGINAL PROCEEDING
(CASE NO. 1PC001000029)
ORDER DENYING PETITIONS WITHOUT PREJUDICE
(By: Devens, C.J., McKenna, Eddins, and Ginoza, JJ.,
and Circuit Judge Kubota, assigned by reason of vacancy)
Upon consideration of Petitioner’s “second motion for
response” filed March 10, 2026, which we construe as a petition
for extraordinary writ, and the record, the “motion Rule 40 post
conviction entered November 5, 2025” is not before this court.
The “November 5, 2025” motion was filed in the circuit court in
1PC001000029 on December 1, 2025. Petitioner’s request for
relief should be sought in the circuit court rather than this
court. This petition is denied without prejudice to filing in
the circuit court. See Womble Bond Dickinson (US) LLP v. Kim
(Womble), 153 Hawaiʻi 307, 319, 537 P.3d 1154, 1166 (2023).
Another document from Petitioner was filed on June 17,
2026, and states it is a “petition for a writ of declaratory
judgment ‘without relief.’” Upon consideration of this document
and the record, we construe this document as a petition for
extraordinary writ and deny the petition without prejudice to
filing in the circuit court. See Womble, 153 Hawaiʻi at 319, 537
P.3d at 1166; see also Hawaiʻi Rules of Penal Procedure Rule 40
(eff. 2006).
The appellate clerk is ordered to transmit a copy of this
order to the Circuit Court of the First Circuit Criminal
Administrative Judge.
DATED: Honolulu, Hawaiʻi, August 3, 2026.
/s/ Vladimir P. Devens
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Peter K. Kubota
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