Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
24-SEP-2019
02:03 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
HAROLD TOMLIN HODGES, JR., Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CASE NO. 2PC16-1-0422)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Harold Tomlin Hodges,
Jr.’s “MOTION TO Mandamus,” filed on September 3, 2019, which we
construe as a petition for writ of mandamus, and the record, it
appears that petitioner fails to demonstrate that he has a clear
and indisputable right to extraordinary relief from this court
and has alternative means to seek relief, including post-
conviction relief pursuant to Hawai#i Rules of Penal Procedure
Rule 40. See Kema v. Gaddis, 91 Hawai#i 200, 204-05, 982 P.2d
334, 338-39 (1999) (a writ of mandamus is an extraordinary remedy
that will not issue unless the petitioner demonstrates a clear
and indisputable right to relief and a lack of alternative means
to redress adequately the alleged wrong or obtain the requested
action). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, September 24, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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