Electronically Filed Supreme Court SCWC-29993 18-MAR-2011 11:58 AM

NO. SCWC-29993

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

MICHAEL C. TIERNEY, Petitioner/Defendant-Appellant,

vs.

STATE OF HAWAI'I, Respondent/Plaintiff-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 08-1-0869)

ORDER (By: Nakayama, J. for the court1 )

It appearing that the application for a writ of certiorari, filed on January 27, 2011, was rejected on March 7, 2011, IT IS HEREBY ORDERED that the “Motion to Strike Prosecutor Delanie Prescott-Tate’s Responses from the Record,” filed on March 9, 2011, is dismissed.

DATED: Honolulu, Hawai'i, March 18, 2011.

FOR THE COURT: /s/ Paula A. Nakayama Associate Justice

Considered by: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ. and Circuit Judge Pollack, assigned by reason of vacancy.