NO. 29527
IN THE SUPREME COURT OF THE STATE OF
RICHARD BLAISDELL, Petitioner,
vs.
DEPARTMENT OF PUBLIC SAFETY,
Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and
Duffy, JJ.)
Upon consideration of Richard Blaisdell's papers
dated November 23, 2008 and styled "motion for certification of federal
question," it appears that the papers seek release from confinement
alleged to be illegal, an injunction against retention of personal property,
and "certification of federal questions." Having considered the
papers and the relief requested,
IT IS HEREBY ORDERED that the clerk of the appellate court shall file the November 23, 2008 papers without payment of the filing fees.
IT IS FURTHER ORDERED that the request for release from
confinement is denied without prejudice to seeking habeas corpus relief in the
circuit court pursuant to HRS § 660-3 (1993). See Oili v. Chang, 57 Haw.
511, 512, 557 P.2d 787, 788 (1976) (The supreme court will not exercise its
original jurisdiction in habeas corpus proceedings when relief is available in
a lower court and no special reason exits for invoking the supreme court's
jurisdiction.).
IT IS FURTHER ORDERED that the request for an injunction against retention of
personal property is denied. See Kema
v. Gaddis, 91 Hawai‘i 200, 204, 982 P.2d 334, 338 (1999) (A writ of
prohibition is an extraordinary remedy that will not issue unless the
petitioner demonstrates a clear and indisputable right to relief and a lack of
alternative means to redress adequately the alleged wrong or obtain the
requested action.).
IT IS FINALLY ORDERED that the request for "certification of federal questions" is dismissed. See HRAP 13 (The supreme court may answer a question certified to the supreme court by a federal district court or a federal appellate court.).
DATED: