NO.
26891
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
DENNIS LEE
CAMPBELL, Petitioner
vs.
HALAWA
CORRECTIONAL FACILITY, DEPARTMENT OF
PUBLIC
SAFETY, STATE OF HAWAI`I, Respondent
ORIGINAL PROCEEDING
ORDER DENYING REQUEST FOR WRIT OF HABEAS CORPUS
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Petitioner Dennis L. Campbell's letter received
and filed on October 19, 2004 wherein Petitioner
Campbell seeks a writ of habeas corpus ordering his release from
incarceration, it appears that: (1) Petitioner, who states
he was returned to Hawai`i after being arrested in Ohio for violation
of his Hawai`i parole, seeks release from incarceration
pursuant to HRS § 660-3; (2) pursuant to HRS § 660-3, the
supreme court has concurrent jurisdiction with the circuit court
to issue writs of habeas corpus; (3) an appellate court will not
exercise its original jurisdiction in habeas corpus proceedings
when relief is available in the circuit court and no special reason
exists for invoking its jurisdiction, Oili v. Chang, 57 Haw.
411, 557 P.2d 787 (1976); (4) Petitioner presents no special reason for
this court to invoke its original jurisdiction at this
time; and (5) according to Petitioner, he is represented by counsel in
the parole revocation proceeding. Therefore,
IT IS HEREBY
ORDERED that the request for a writ of habeas corpus is denied without
prejudice to Petitioner seeking
relief in the parole revocation proceeding and without prejudice to
Petitioner seeking relief, if appropriate, in the circuit
court.
DATED: Honolulu,
Hawai`i, November 9, 2004.
Dennis Lee
Campbell,
petitioner, pro se,
on the request