March 20, 2013
MICHAEL C. TIERNEY, PETITIONER,
THE HONORABLE RICHARD K. PERKINS OF THE CIRCUIT COURT OF THE FIRST CIRCUIT OF THE STATE OF HAWAII, RESPONDENT.
ORIGINAL PROCEEDING (CR. NO. 88-2209; CR. NO. 89-0024; CAAP-11-0000016; SCWC-11-0000016)
Electronically Filed Supreme Court
SCPW-13-0000115 20-MAR-2013 02:33 PM
ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama,Acoba, McKenna, and Pollack, JJ.)
Upon consideration of Petitioner Michael C. Tierney's petition for a writ of mandamus, which was filed on February 27, 2013, and the record, it appears that the issue has already been decided by Hawai#i's appellate court and will not be disturbed here. 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.
/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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