Martinez v. Kawamura

Opinion

Electronically Filed

Supreme Court

SCPW-XX-XXXXXXX

21-NOV-2023

02:05 PM

Dkt. 8 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

________________________________________________________________

MARSHALL MARTINEZ,

Petitioner,

vs.

THE HONORABLE SHIRLEY M. KAWAMURA, Judge of the Circuit Court of the First Circuit, State of Hawaiʻi, Respondent Judge,

and

SHANNON CLUNEY, WARDEN FOR HALAWA CORRECTIONAL FACILITY, Respondent.

________________________________________________________________

ORIGINAL PROCEEDING

(CASE NO. 1CPN-XX-XXXXXXX)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Morikone and Circuit Judge Park, assigned by reason of vacancies)

Upon consideration of the documents filed on October 24, 2023, which we construe as a petition for writ of mandamus, and the record, the circuit court was divested of jurisdiction over 1CPN-XX-XXXXXXX when the notice of appeal was filed on September

2

13, 2023. See State v. Ontiveros, 82 Hawaiʻi 446, 448-49, 923 P.2d 388, 390-91 (1996) (“The general rule is that the filing of a notice of appeal divests the trial court of jurisdiction over the appealed case.” (Citation and brackets omitted.)). Petitioner has not demonstrated a clear and indisputable right to relief, nor a lack of alternative means to seek relief. Kema v. Gaddis, 91 Hawaiʻi 200, 204, 982 P.2d 334, 338 (1999).

It is ordered that the petition is denied.

It is further ordered that the appellate clerk shall file a copy of Dockets 1 and 2 of this original proceeding, together with a copy of this order, in CAAP-XX-XXXXXXX. Relief may be granted by the Intermediate Court of Appeals, if and as appropriate.

DATED: Honolulu, Hawaiʻi, November 21, 2023.

/s/ Mark E. Recktenwald

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Kevin T. Morikone

/s/ Shanlyn A.S. Park