Rutledge v. Department of Public Safety, State of Hawaii (Order)

NO. 29200

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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LINCOLN RUTLEDGE, Petitioner,

vs.

DEPARTMENT OF PUBLIC SAFETY,

STATE OF HAWAI‘I, Respondent.

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ORIGINAL PROCEEDING

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

Upon consideration of Lincoln Rutledge's letter to the supreme court, 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 petitioner's letter as a petition for a writ of habeas corpus without payment of the filing fee.

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

DATED: Honolulu, Hawai‘i, June 13, 2008.