Electronically Filed Supreme Court SCPW-13-0005780 17-JAN-2014 08:12 AM

SCPW-13-0005780

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

DAVID T. FLEMING, Petitioner,

vs.

STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING (CR. NO. 06-1-0570(1))

ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner David T. Fleming’s

petition for a writ of habeas corpus, filed on November 27, 2013,

the documents attached thereto and submitted in support thereof,

and the record, it appears that petitioner is seeking similar

relief pursuant to a petition for a writ of mandamus, filed on

October 15, 2013, in SCPW-13-0004021. The court, therefore, can

address the issues raised in the petition for a writ of habeas

corpus together with the issues raised in the petition for a writ

of mandamus. Accordingly, IT IS HEREBY ORDERED that the petition for a writ of

habeas corpus is denied without prejudice to the court reviewing

the issues in conjunction with the petition for a writ of

mandamus.

DATED: Honolulu, Hawai'i, January 17, 2014.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack