Electronically Filed
Supreme Court
30722
16-NOV-2010
01:58 PM
NO. 30722
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY, Petitioner,
vs.
DELANIE PRESCOTT-TATE, Deputy Prosecuting Attorney, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Acoba and Duffy, JJ., and
Nakayama, J., Dissenting, with whom Circuit Judge Crandall,
assigned by reason of vacancy, Joins)
Upon consideration of respondent's "Motion to Have
Michael C. Tierney Declared a Vexatious Litigant," filed on
September 14, 2010, and the papers in support,
IT IS HEREBY ORDERED that the motion is denied.
DATED: Honolulu, Hawai#i, November 16, 2010.
/s/ Mark E. Recktenwald
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
DISSENT BY NAKAYAMA, J.,
WITH WHOM CRANDALL, SUBSTITUTE JUSTICE, JOINS
I respectfully dissent. Since January 2007,
Mr. Tierney has filed thirty-four writ proceedings, five of which
qualify for vexatious litigant determination. Three of those
petitions were denied and one is still pending. In addition, he
has filed six proceedings in the fifth and first circuit district
courts, five of which qualify for vexatious litigant
determination. All five of the district court proceedings were
dismissed or denied. The movant has met its burden of proof that
Mr. Tierney qualifies as a vexatious litigant. I would,
therefore, grant the motion.
/s/ Paula A. Nakayama
/s/ Virginia L. Crandall
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