Hutch v. State

Opinion of the Court by

ACOBA, J.

Petitioner-Appellant pro se Eugene Hutch (Appellant) appeals from a March 13, 2003 order of the circuit court of the first circuit (the court)1 denying his Hawai‘i Rules of Penal Procedure (HRPP) Rule 40 petition for post-conviction relief to vacate, set aside, or correct judgment or to release Appellant from custody. We vacate that part of the order relating to Appellant’s “lockdown” in a special holding facility, and remand that aspect of the petition to the court for hearing. As to Appellant’s claim that he was improperly refused access to a prison guidebook…