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Michael C. Tierney v. Circuit Court of the First Circuit

May 4, 2010

MICHAEL C. TIERNEY, PETITIONER,
v.
CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, RESPONDENT.



(CR. NO. 08-1-0869)

The opinion of the court was delivered by: Moon, C.J

ORIGINAL PROCEEDING

ORDER

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

Upon consideration of petitioner Michael C. Tierney's petition for a writ of habeas corpus, it appears that petitioner seeks a writ of habeas corpus releasing him on bail pending his appeal before the intermediate court of appeals in No. 29993. Habeas corpus is not a vehicle for release on bail pending appeal and this court does not have jurisdiction to order petitioner's release on bail pending appeal in No. 29993. See HRS § 660-3 (1993); HRAP 9(b). Therefore,

IT IS HEREBY ORDERED that the petition for a writ of habeas corpus is dismissed.

DATED: Honolulu, Hawai#i, May 4, 2010.

20100504

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