Electronically Filed Supreme Court SCPW-14-0000567 24-APR-2014 09:53 AM

SCPW-14-0000567

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

STATE OF HAWAI'I, Respondent,

vs.

ROY ALAN COSTA, Petitioner.

ORIGINAL PROCEEDING (CR. NO. 00-1-0253)

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS (By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ., and Circuit Judge Nakasone, assigned by reason of vacancy)

Upon consideration of petitioner Roy Alan Costa’s

petition for a writ of habeas corpus, filed on April 8, 2014, and

the record, it appears that petitioner has alternative means to

seek relief and presents no special reason for this court to

invoke its jurisdiction at this time. See Oili v. Chang, 57 Haw. 411, 412, 557 P.2d 787, 788 (1976) (the supreme court “will not

exercise its original jurisdiction in habeas corpus proceedings

when relief is available in a lower court and no special reason

exists for invoking its jurisdiction”). Accordingly, IT IS HEREBY ORDERED that the petition for a writ of habeas corpus is denied.

DATED: Honolulu, Hawai'i, April 24, 2014.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Karen T. Nakasone