Hawaii Supreme Court, 2014

Rideout v. State

Rideout v. State
Hawaii Supreme Court · Decided March 14, 2014

Rideout v. State

Opinion

Electronically Filed Supreme Court SCPW-14-0000457 14-MAR-2014 08:55 AM

SCPW-14-0000457 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 “MOTION FOR RELEASE ON OWN RECOGNIZANCE PURSUANT TO H.R.A.P. 23(b)” (By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ., and Circuit Judge Alm, assigned by reason of vacancy.)

Upon review of petitioner Monty V. Rideout’s “Motion for Release on Own Recognizance Pursuant to H.R.A.P. 23(b)”, which was filed on February 25, 2014, and which we treat as a petition for a writ of habeas corpus, the supporting documents, and the record, it appears that petitioner can seek 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 on his own recognizance 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, March 14, 2014.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Steven S. Alm

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