Electronically Filed Supreme Court SCPW-13-0000115 20-MAR-2013 02:33 PM

SCPW-13-0000115 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

MICHAEL C. TIERNEY, Petitioner, vs. THE HONORABLE RICHARD K. PERKINS OF THE CIRCUIT COURT OF THE FIRST CIRCUIT OF THE STATE OF HAWAI#I, Respondent.

ORIGINAL PROCEEDING (CR. NO. 88-2209; CR. NO. 89-0024; CAAP-11-0000016; SCWC-11-0000016) 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, which was filed on February 27, 2013, and the record, it appears that the issue has already been decided by Hawai#i’s appellate court and will not be disturbed here. Petitioner is not entitled to mandamus relief. 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 a writ of mandamus is denied.

DATED: Honolulu, Hawai#i, March 20, 2013.

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