Tierney v. Circuit Court of the First Circuit, State of Hawaii

• Court: Hawaii Supreme Court
• Decided: February 12, 2014
• Docket: SCPW-14-0000415
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-14-0000415 12-FEB-2014 12:43 PM

SCPW-14-0000415

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MICHAEL C. TIERNEY, Petitioner, vs.

CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondent.

ORIGINAL PROCEEDING

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of Michael C. Tierney’s petition for

a writ of mandamus, which was filed on February 4, 2014, and the

record, it appears that petitioner is not entitled to the

requested writ of mandamus. The issue has already been addressed

by the Intermediate Court of Appeals in CAAP-11-0000016, and petitioner fails to demonstrate that he has a clear and

indisputable right to the forfeited bail money. 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, February 12, 2014.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack