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Marks v. State

SUPREME COURT OF THE STATE OF HAWAI'I
Feb 5, 2021
SCPW-21-0000032 (Haw. Feb. 5, 2021)

Opinion

SCPW-21-0000032

02-05-2021

DONALD B. MARKS, Petitioner, v. STATE OF HAWAI'I, Respondent.


ORIGINAL PROCEEDING
(CASE NO. 1CPN-21-0000002) ORDER DENYING PETITION FOR WRIT OF MANDAMUS
()

Upon consideration of petitioner Donald B. Marks's petition for writ of mandamus, filed on January 25, 2021, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner's "Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody" was filed in the first circuit court on January 11, 2021, in Case No. 1CPN-21-0000002, and assigned to a circuit court judge. Inasmuch as the relief requested in the petition for writ of mandamus has been resolved, the requested extraordinary writ is not warranted. 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 writ of mandamus is denied.

DATED: Honolulu, Hawai'i, February 5, 2021.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins


Summaries of

Marks v. State

SUPREME COURT OF THE STATE OF HAWAI'I
Feb 5, 2021
SCPW-21-0000032 (Haw. Feb. 5, 2021)
Case details for

Marks v. State

Case Details

Full title:DONALD B. MARKS, Petitioner, v. STATE OF HAWAI'I, Respondent.

Court:SUPREME COURT OF THE STATE OF HAWAI'I

Date published: Feb 5, 2021

Citations

SCPW-21-0000032 (Haw. Feb. 5, 2021)