Electronically Filed Supreme Court SCPW-12-0000832 19-OCT-2012 10:55 AM NO. SCPW-12-0000832 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MICHAEL C. TIERNEY, Petitioner, vs. JACK SCHWEIGERT, Court-Appointed Attorney, Respondent.

ORIGINAL PROCEEDING (CR. NO. 08-1-0869) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of Petitioner Michael C. Tierney’s petition for a writ of mandamus, the supporting documents, and the record, it appears that on October 9, 2012, court-appointed counsel, Jack Schweigert, filed a motion to withdraw as counsel in Cr. No. 08-1-0869. Accordingly, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied as moot.

DATED: Honolulu, Hawai#i, October 19, 2012.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack