Makekau v. Garibaldi

                                                      Electronically Filed
                                                      Supreme Court
                                                      SCPW-XX-XXXXXXX
                                                      07-MAR-2019
                                                      02:15 PM
                         SCPW-XX-XXXXXXX

           IN THE SUPREME COURT OF THE STATE OF HAWAI#I
_________________________________________________________________

                 CRAIGE K. MAKEKAU, Petitioner,

                               vs.

 THE HONORABLE COLETTE Y. GARIBALDI, Judge of the Circuit Court
of the First Circuit, State of Hawai#i (ret.), Respondent Judge,

                               and

                  STATE OF HAWAI#I, Respondent.
_________________________________________________________________

                       ORIGINAL PROCEEDING
            (S.P.P. NO. 16-1-0031; CR. NO. 04-1-1801)

       ORDER DENYING AS MOOT PETITION FOR WRIT OF MANDAMUS
(By: Nakayama, Acting C.J., McKenna, Pollack, and Wilson, JJ., and
Circuit Judge Castagnetti, in place of Recktenwald, C.J., recused)

          Upon consideration of petitioner Craige K. Makekau’s
letter dated January 2, 2019, which was filed as a petition for
writ of mandamus on January 8, 2019, the State of Hawai#i’s
answer to the petition for writ of mandamus, filed on February
22, 2019, the Honorable Shirley M. Kawamura’s answer to the
petition for writ of mandamus, filed on March 4, 2019, the
respective supporting documents, and the record, it appears that
on March 4, 2019, in S.P.P. No. 16-1-0031, the circuit court
entered an “Order Regarding Petition to Vacate, Set Aside, or
Correct Judgment or to Release Petitioner for [sic] Custody Filed
December 7, 2016.”   The relief requested by petitioner in this
original proceeding is moot.   Accordingly,
          IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied as moot.
          DATED: Honolulu, Hawai#i, March 7, 2019.
                               /s/ Paula A. Nakayama
                               /s/ Sabrina S. McKenna
                               /s/ Richard W. Pollack
                               /s/ Michael D. Wilson
                               /s/ Jeannette H. Castagnetti




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