Electronically Filed
Supreme Court
SCPW-13-0000115
20-MAR-2013
02:33 PM
SCPW-13-0000115
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY, Petitioner,
vs.
THE HONORABLE RICHARD K. PERKINS OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT OF THE STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 88-2209; CR. NO. 89-0024;
CAAP-11-0000016; SCWC-11-0000016)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama,Acoba, McKenna, and Pollack, JJ.)
Upon consideration of Petitioner Michael C. Tierney’s
petition for a writ of mandamus, which was filed on February 27,
2013, and the record, it appears that the issue has already been
decided by Hawai#i’s appellate court and will not be disturbed
here. Petitioner is not entitled to mandamus relief. See Kema
v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (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 a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, March 20, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
2
Tierney v. Perkins
Combined Opinion