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Fleming v. State

Supreme Court of Hawaii

January 17, 2014

DAVID T. FLEMING, Petitioner,
v.
STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING (CR. NO. 06-1-0570(1)).

Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.

ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS

Upon consideration of petitioner David T. Fleming's petition for a writ of habeas corpus, filed on November 27, 2013, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner is seeking similar relief pursuant to a petition for a writ of mandamus, filed on October 15, 2013, in SCPW-13-0004021. The court, therefore, can address the issues raised in the petition for a writ of habeas corpus together with the issues raised in the petition for a writ of mandamus. Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of habeas corpus is denied without prejudice to the court reviewing the issues in conjunction with the petition for a writ of mandamus.


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