Tierney v. Sequeira
This text of Tierney v. Sequeira (Tierney v. Sequeira) 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-12-0000443 29-JUN-2012 10:22 AM
NO. SCPW-12-0000443
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL TIERNEY, Petitioner,
vs.
FRANCIS SEQUEIRA, WARDEN, OAHU COMMUNITY CORRECTIONAL CENTER, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ. and Circuit Judge Chang, in place of Duffy, J., recused)
Upon consideration of petitioner Michael Tierney's
petition for a writ of mandamus filed on May 3, 2012 and the
respondent's answer, it appears that respondent acknowledged that
petitioner had a right to access his legal materials while in
protective custody, but respondent failed to rebut petitioner's
statement that petitioner was not allowed access to his trial and
appellate court papers. Access should have been allowed pursuant
to Corrections Administration Policy and Procedures, Policy No.
COR.11.01, Section 3.4(f). However, petitioner was transferred
out of respondent's facility on May 23, 2012 and the request for
mandamus relief is moot. Therefore,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied as moot.
DATED: Honolulu, Hawai#i, June 29, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Gary W.B. Chang
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