Valdez v. Somerville
This text of Valdez v. Somerville (Valdez v. Somerville) 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-AUG-2024 01:25 PM Dkt. 5 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________
SILAS VALDEZ, Petitioner,
vs.
THE HONORABLE ROWENA A. SOMERVILLE, Judge of the Circuit Court of the First Circuit, State of Hawaiʻi, Respondent Judge,
and
STATE OF HAWAIʻI, Respondent. ________________________________________________________________
ORIGINAL PROCEEDING (CASE NO. 1CPN-XX-XXXXXXX)
ORDER DENYING PETITION WITHOUT PREJUDICE (By: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.)
Upon consideration of the letter filed on July 22, 2024,
which we construe as a petition for a writ of mandamus, and the
record, the amount of time that has passed without court action
does not amount to a flagrant and manifest abuse of discretion,
nor a refusal to act on a subject before the court under
circumstances in which the court has a legal duty to act. An extraordinary writ is unwarranted. See Womble Bond Dickinson
(US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537 P.3d 1154, 1166
(2023).
It is ordered that the petition is denied without
prejudice.
It is further ordered that the appellate clerk shall serve
a copy of the July 22, 2024 letter and this order on the
Respondent Judge.
DATED: Honolulu, Hawaiʻi, August 30, 2024.
/s/ Mark E. Recktenwald
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Vladimir P. Devens
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