LAW L|BF?AHY NO. 3045l IN THE SUPREME COURT OF THE STATE OF HAWAlT

MICHAEL C. TIERNEY, Petitioner, ’ vs. @3"`?!..:5

ORlGlNAL PROCEEDlNG (CR. NO. 08-l~O869) ORDER (By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)

Upon consideration of petitioner Michael C. Tierney's petition for a writ of habeas corpus, it appears that petitioner seeks a writ of habeas corpus releasing him on bail pending his appeal before the intermediate court of appeals in No. 29993.

Habeas corpus is not a vehicle for release on bail pending appeal and this court does not have jurisdiction to order petitioner's" release on bail pending appeal in No. 29993. §§§ HRS § 660~3 (l993); HRAP 9(b). Therefore, IT 15 HEREBY ORDERED that the petition for a writ of habeas corpus is dismissed.

DATED: Honolulu, HawaiUq May 4, 2010. +5¢,,,,,¢¢¢__ a .“'r\o¢+<u¢wwv» /‘-WY %.¢.¢, £.Své€d.¢ §'\/ /42»» e~. flew ¢.....z-»/