Hodges v. State
This text of Hodges v. State (Hodges v. State) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCPW-XX-XXXXXXX 30-JUL-2019 04:04 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
HAROLD TOMLIN HODGES, JR., Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING (CASE NO. 2PC16-1-0422)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Harold Tomlin Hodges,
Jr.’s motions for mandamus and other relief related to Case No.
2PC16-1-0422, which was filed on July 22, 2019, and which we
construe as a petition for writ of mandamus, and the record, it
appears that petitioner fails to demonstrate that he is entitled
to extraordinary relief from this court and petitioner may seek
relief in the circuit court, as appropriate. See Kema v. Gaddis,
91 Hawai#i 200, 204-05, 982 P.2d 334, 338-39 (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 writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process the petition for writ of mandamus
without payment of the filing fee.
DATED: Honolulu, Hawai#i, July 30, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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