On June 21, 2011, the Hawai'i Intermediate Court of Appeals issued its opinion in Tierney v. State, No. 30635 (Summary Disposition Order- unpublished, panel: Foley, Presiding J., Fujise and Ginoza, JJ.). This was an appeal from the circuit court of the First Circuit, Hon. Richard Perkins, presiding. On the briefs were Michael Tierney, Appellant-pro se, and Delanie D. Prescott-Tate, Esq. for Appellee-State.
Appellant was convicted of a criminal offense and filed a petition for habeas corpus. The circuit court filed these document as a “Nonconforming Petition for Post-Conviction Relief” and sent Appellant forms requiring that he provide “adequate information” to evaluate Appellant’s claims. Appellant failed to timely do so, and the circuit court dismissed Appellant’s petition. Appellant appealed, alleging he was not provided “meaningful access” to the circuit court to protect his Constitutional rights and asked the ICA to review his case on the merits.
The ICA declined to do so, noting the circuit court was empowered to dismiss the petition under HRPP Rule 40(e) because Appellant failed to clarify the petition after being given an opportunity to do so. Order dismissing appeal affirmed.
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