NO. 27638
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
STATE
OF HAWAI`I, Plaintiff-Appellee
vs.
DEVIN
E. CROWE, Defendant-Appellant
APPEAL FROM THE SECOND CIRCUIT COURT
(CR. NO.
05-1-0547)
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Defendant-Appellant Devin E. Crowe's motion to
expedite review of the notice of expedited appeal
from the order pertaining to bail, the papers in support, and the
records and files herein, it appears that: (1) Appellant was
charged with offenses in the Circuit Court of the Second Circuit; (2)
the circuit court set bail at $300,000 and later reduced
bail to $250,000; (3) Appellant seeks review of the bail order pursuant
to HRAP Rule 9(a)(1); (4) HRAP Rule 9(a)(1)
governs appeals authorized by law from an order refusing or imposing
conditions of release prior to a judgment or
conviction; (5) HRS chapter 804 governs the imposition of bail, and
there is no appeal authorized by law from an order
refusing or imposing conditions of release prior to a judgment of
conviction, see also
HRS § 641-11 (appeals in criminal
cases are authorized only from the judgment of the circuit court, which
is the sentence of the court); (6) HRAP Rule 9(a)(2)
provides that review of orders respecting release prior to a judgment
of conviction may be obtained by application for an
extraordinary writ pursuant to Rule 21 or an application for a writ of
habeas corpus, see Pelekai v. White, 75 Haw.
357, 861
P.2d 1205 (1993) (defendant filed a petition for writ of mandamus
seeking review of family court bail order); Sakamoto v.
Chang, 56 Haw. 447, 539 P.2d 1197 (1975) (defendant filed a
petition for a writ of habeas corpus seeking review of circuit
court bail order). Therefore,
IT IS HEREBY
ORDERED that the motion to expedite the appeal is denied.
IT IS FURTHER
ORDERED that the appeal from the order pertaining to bail is dismissed
without prejudice to a petition
for writ of mandamus or a writ of habeas corpus.
DATED: Honolulu,
Hawai`i, December 30, 2005.
Hayden Aluli
and Mimi Desjardins
for defendant-appellant
on the motion