Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

30-SEP-2024

10:40 AM

Dkt. 9 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

KAWAIKA KRUEGER

Petitioner,

vs.

HAWAIʻI STATE DEPARTMENT OF PUBLIC SAFETY,

HALAWA CORRECTIONAL FACILITY, and HAWAIʻI STATE

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Respondents. ________________________________________________________________

ORIGINAL PROCEEDING

(CASE NOS. 5PC161000263, 5PC161000019, 5FC161000144)

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS (By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)

Upon consideration of the petition for writ of habeas corpus filed July 23, 2024, the documents submitted in support on August 5, 2024, and the records of 5PC161000263, 5PC161000019, and 5FC161000144, Petitioner’s assertion that the concurrent terms of incarceration ended on January 15, 2024, is based on the sentence imposed and credit for presentence detention and incarceration in 5PC161000263. The sentence imposed and credit for presentence detention and incarceration in 5PC161000019 indicates that Petitioner’s release date is later than January 15, 2024. Petitioner has not presented a special reason for this court to invoke its original jurisdiction in a habeas corpus proceeding. See Oili v. Chang, 57 Haw. 411, 412, 557 P.2d 787, 788 (1976).

It is ordered that the petition is denied.

DATED: Honolulu, Hawaiʻi, September 30, 2024.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens

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