Electronically Filed
Supreme Court
SCPW-12-0000666
08-AUG-2012
01:31 PM
NO. SCPW-12-0000666
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, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 08-1-0869; S.P.P. 12-1-0011)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna,
and Pollack, JJ.)
Upon consideration of Michael Tierney's petition for a
writ of mandamus and the papers in support, it appears that
petitioner fails to demonstrate a clear and indisputable right to
relief inasmuch as (1) a rejection of an application for a writ
of certiorari is final and cannot be vacated, see HRAP 40.1(h),
and (2) petitioner is actively pursuing the remedies available to
him in the circuit court for an evidentiary hearing and the
appointment of counsel. Therefore, 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, August 8, 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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