NO. 24966
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
EUGENE JAMES HUTCH, Petitioner-Appellant
vs.
STATE OF HAWAI`I, Respondent-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P.P. NO. 01-1-0028)
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Petitioner-appellant Eugene James Hutch appeals from the February 20, 2002 order of the circuit court of the first circuit, the Honorable Karen S.S. Ahn presiding, denying Hutch's HRPP Rule 40 petition for post-conviction relief. On appeal, Hutch argues that (1) he was denied effective assistance of counsel, and (2) HAR § 17-202-1(b) hindered his access to the courts.
Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we hold that the circuit court did not err by denying Hutch's HRPP Rule 40 petition without a hearing because Hutch failed to establish a colorable claim, inasmuch as Hutch failed to: (1) meet his burden of sufficiently alleging ineffective assistance of counsel, Dan v. State, 76 Hawai`i 446, 879 P.2d 551 (1994); and (2) demonstrate that HAR § 17-202-1(b) had any relation to his conviction or would change his guilty verdict, see HRPP Rule 40(a)(1)(v). Therefore,
IT IS HEREBY ORDERED that the judgment from which the appeal is taken is affirmed.
DATED: Honolulu, Hawai`i, December 1, 2003.
On the briefs:
Eugene James Hutch,
petitioner-appellant
pro se
Donn Fudo, Deputy
Prosecuting Attorney,
for respondent-appellee
State of Hawai`i