LAW ush;:lav
NO. 30612
lN THE SUPREME COURT OF THE STATE OF HAWAlT
MlCHAEL C. TlERNEY, PetitiOner,
VS.
THE HONORABLE RlCHARD K. PERKlNS, JUDGE OF THE §I
COURT OF THE FlRST ClRCUlT, STATE OF HAWAl‘l, Re
ORlGlNAL PROCEEDING
(S.P.P. NO. 10-l-OOl8)
ORDER
(By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of petitioner Michael C. Tierney's
petition for a writ of mandamus, it appears that Hawai‘i Rules of
Rule 40(c)(2) authorized respondent to
Penal Procedure (HRPP)
2010 petition as a petition for
treat petitioner's March 25,
post-conviction relief under HRPP Rule 40 and require petitioner
to file a supplemental petition in the form of an HRPP Rule 40
petition for post-conviction relief. Unless and until such
respondent was not obliged to
supplemental petition was filed,
2010 petition.
hear or review the merits of the March 25,
Therefore, petitioner is not entitled to mandamus relief.
982 P.2d 334, 338 (1999) (A
See
Kema v. Gaddis, 91 Hawafi 200, 204,
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,
lT lS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawafi, Ju1y 20, 2010_
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