Kromer v. State

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Electronically Filed Supreme Court SCPW-18-0000078 14-FEB-2018 01:42 PM SCPW-18-0000078 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DAVID DOUGLAS KROMER, on behalf of NORMAN KALANI ASAM, Petitioner, vs. STATE OF HAWAI#I, Respondent. ORIGINAL PROCEEDING (CASE NO. 1DCW-18-0000395) ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of petitioner David Douglas Kromer’s petition for writ of habeas corpus, filed on February 8, 2017, on behalf of Norman Kalani Asam, and the record, it appears that petitioner fails to demonstrate that he has standing, as a nonattorney and non-party in the underlying proceeding, to seek the requested extraordinary relief from this court related to the underlying proceeding. See Kaho#ohanohano v. State, 114 Hawai#i 302, 162 P.3d 696 (2007). Moreover, petitioner presents no special reason for this court to invoke its jurisdiction at this time. See Oili v. Chang, 57 Haw. 411, 412, 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 exists for invoking its jurisdiction”). Accordingly, IT IS HEREBY ORDERED that the petition for writ of habeas corpus is denied. IT IS HEREBY FURTHER ORDERED that the clerk of the appellate court shall process the petition for writ of habeas corpus without payment of the filing fee. DATED: Honolulu, Hawai#i, February 14, 2018. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2