Regan v. State (Order)

NO. 28536

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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ANTHONY L. REGAN, Petitioner,

vs.

STATE OF HAWAI`I, Respondent.

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ORIGINAL PROCEEDING
(CR. NO. 01-1-2155)

ORDER

(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Upon consideration of Anthony Regan's "notice and request for relief" dated May 3, 2007, which is deemed a petition for a writ of habeas corpus, it appears that habeas corpus relief is available to petitioner in the circuit court and petitioner presents no special reason for invoking the supreme court's original jurisdiction. See Oili v. Chang, 57 Haw. 511, 512, 557 P.2d 787, 788 (1976). Therefore,

IT IS HEREBY ORDERED that the clerk of the appellate court shall file the May 3, 2007 "notice and request for relief" as a petition for a writ of habeas corpus without payment of the filing fee.

IT IS FURTHER ORDERED that the petition for a writ of habeas corpus is denied without prejudice to seeking habeas corpus relief in the circuit court.

DATED: Honolulu, Hawai`i, May 16, 2007.