Willis v. Kawamura

Full title: ERIK WILLIS, Petitioner, v. THE HONORABLE SHIRLEY M. KAWAMURA, Judge of…

Court: SUPREME COURT OF THE STATE OF HAWAI'I

Date published: Sep 2, 2020

SCPW-20-0000494 (Haw. Sep. 2, 2020)

Opinion

SCPW-20-0000494

09-02-2020

ERIK WILLIS, Petitioner, v. THE HONORABLE SHIRLEY M. KAWAMURA, Judge of the Circuit Court of the First Circuit, State of Hawai'i, Respondent Judge, and STATE OF HAWAI'I, Respondent.

By: Recktenwald, C.J., Nakayama, J., and Circuit Judge Souza, assigned by reason of vacancy, with McKenna, J., dissenting, with whom Wilson, J., joins

ORIGINAL PROCEEDING
(CR. NO. 1CPC-20-0000887) ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND/OR MANDAMUS
()

Upon consideration of petitioner Erik Willis's petition for writ of habeas corpus and/or mandamus, filed on August 2, 2020, the documents attached thereto and submitted in support thereof, and the record, it cannot be said that the respondent judge committed a flagrant and manifest abuse of discretion in denying bail under the specific facts and circumstances of this case. See, e.g., HRS §§ 804-3(b)(3) (bail may be denied where the charge is for a serious crime and "[t]here is a serious risk that the person poses a danger to any person or the community"); Kema v. Gaddis, 91 Hawai'i 200, 204, 982 P.2d 334, 338 (1999); Oili v. Chang, 57 Haw. 411, 412, 557 P.2d 787, 788 (1976). Accordingly,

IT IS HEREBY ORDERED that the petition for writ of habeas corpus and/or mandamus is denied.

DATED: Honolulu, Hawai'i, September 2, 2020.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Kevin A. Souza

DISSENT

I respectfully dissent. I would require an answer be filed pursuant to Hawai'i Rules of Appellate Procedure Rule 21(c).

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson