Electronically Filed
Supreme Court
SCPW-13-0000387
02-MAY-2013
02:49 PM
SCPW-13-0000387
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
(S.P.P. No. 12-1-0011)
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 April 4, 2013. Petitioner
seeks an order directing the respondent judge in his Rule 40
proceeding to “dismiss the charges with prejudice” and release
him from custody. Based upon our review of the mandamus petition
and the record, it appears that although petitioner is entitled
to a ruling on his Rule 40 petition, which he is seeking to
amend, petitioner does not have a clear and indisputable right to
the mandamus relief he requests. 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, May 2, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
Tierney v. Perkins
Combined Opinion