Opinion
SCPW-19-0000613
09-24-2019
HAROLD TOMLIN HODGES, JR., Petitioner, v. STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CASE NO. 2PC16-1-0422) ORDER DENYING PETITION FOR WRIT OF MANDAMUS
()
Upon consideration of petitioner Harold Tomlin Hodges, Jr.'s "MOTION TO Mandamus," filed on September 3, 2019, which we construe as a petition for writ of mandamus, and the record, it appears that petitioner fails to demonstrate that he has a clear and indisputable right to extraordinary relief from this court and has alternative means to seek relief, including post-conviction relief pursuant to Hawai'i Rules of Penal Procedure Rule 40. 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.
DATED: Honolulu, Hawai'i, September 24, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson