State v. Allen

OPINION OF THE COURT BY

HEEN, J.

Appellant John Wesley Allen (Petitioner) appeals from the January 2, 1987 Findings of Fact, Conclusions of Law and Order (Order) denying without a hearing his Rule 40, Hawaii Rules of Penal Procedure (HRPP) (1985), petition for post-conviction relief. We affirm.

Petitioner, who is presently incarcerated on convictions for murder and rape, seeks confinement in safer quarters, and vacation of his convictions or a new trial. In a prior appeal by Petitioner, we remanded the matter by memorandum opinion to the lower court for further proceedings because the State had…