Electronically Filed
Supreme Court
SCPW-12-0001013
17-DEC-2012
12:29 PM
SCPW-12-0001013
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY, Petitioner,
vs.
THE HONORABLE RICHARD K. PERKINS, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Petitioner Michael C. Tierney submitted a petition for
a writ of mandamus, which was filed on November 16, 2012.
Petitioner seeks an order from this court directing the Honorable
Richard K. Perkins to conduct a hearing on his HRPP Rule 40
petition in S.P.P. No. 12-1-0011. Based upon our review of the
petition for a writ of mandamus, the documents attached thereto
and submitted in support thereof, and the record, it appears that
petitioner is not entitled to mandamus relief. Although nearly
five months have passed since the State of Hawai#i filed its
answer to the HRPP Rule 40 petition, and although petitioner is
entitled to a ruling thereon, the circuit court has not ruled on
the petition to date. At this time, therefore, the relief
petitioner seeks is not subject to a writ of mandamus. 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, December 17, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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