Jenkins v. Del Rosario

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Electronically Filed Supreme Court SCPW-12-0000729 18-OCT-2012 09:24 AM NO. SCPW-12-0000729 IN THE SUPREME COURT OF THE STATE OF HAWAI#I WENDELL H. JENKINS, Petitioner, vs. THE HONORABLE DEXTER D. DEL ROSARIO, JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondent. ORIGINAL PROCEEDING (ICA CAAP NO. 30196; S.P.P. NO. 08-1-0025; CR. NO. 96-0127) ORDER (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, JJ. and Circuit Judge Garibaldi, in place of Pollack, J. recused) Upon consideration of petitioner Wendell H. Jenkins August 22, 2012 petition for a writ of mandamus and the documents submitted in support thereof and attached thereto, the respondent judge s answer and the documents submitted in support thereof and attached thereto, and the record, it appears that the circuit court disposed of the Rule 40 petition for post-conviction relief and the other pending motions on October 4, 2012. request for mandamus relief is therefore moot. Petitioner s Accordingly, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied as moot. DATED: Honolulu, Hawai#i, October 18, 2012. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Colette Y. Garibaldi

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