Davies v. Judge Kawamura

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAOT-XX-XXXXXXX
10-DEC-2024
08:30 AM
Dkt. 7 ODSLJ
NO. CAOT-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

TOBIUS DAVIES, Petitioner, v.
THE HONORABLE SHIRLEY M. KAWAMURA,
JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT,
STATE OF HAWAI I, Respondent Judge, and
STATE OF HAWAI I, Respondent

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)
Upon review of the record in CAOT-XX-XXXXXXX and 1CPN-
XX-XXXXXXX,1 it appears that we lack jurisdiction to grant the
relief requested in self-represented Petitioner- Appellant Tobius
Davies' (Davies) July 10, 2024 document, which the court
construes as a petition for writ of mandamus, "Asking to Remove
Judge Because My Due Process is Being Violated of No Court
Hearing/Legal Counsel [sic] Release From Custody" (Petition).
Insofar as Davies contends, and the record indicates,
that the Circuit Court of the First Circuit has not yet issued a
final ruling in Davies' Hawai i Rules of Penal Procedure (HRPP)
Rule 40 proceeding in 1CPN-XX-XXXXXXX, this court lacks appellate
jurisdiction. See Grattafiori v. State, 79 Hawai i 10, 13, 897
P.2d 937, 940 (1995) (dismissing appeal because "pursuant to
[Hawai i Rules of Appellate Procedure] Rule 4(b), an appeal from
an order denying post-conviction relief must either be filed
within thirty days after the entry of the order denying the HRPP
Rule 40 petition or, in the alternative, after the announcement

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The court takes judicial notice of the record in 1CPN-XX-XXXXXXX.
Hawai i Rules of Evidence Rule 201.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

but before the entry of the order"); Hawaii Revised Statutes
§ 602-5(a)(3) (2016) (stating that only the Hawai i Supreme Court
has jurisdiction to issue an original writ directed to a court of
inferior jurisdiction).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of jurisdiction, without prejudice to Davies
seeking relief in the Hawai i Supreme Court.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, December 10, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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