Tierney v. Perkins

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NO. 30189 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MICHAEL C. TIERNEY, Petitioner, vs. THE HONORABLE RICHARD K. PERKINS, JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondent. ORIGINAL PROCEEDING (CR. NO. 08-1-0869) ORDER (By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.) Upon consideration of the petition for a writ of mandamus filed by petitioner Michael C. Tierney and the papers in support, it appears that petitioner is represented by appointed counsel in appellate case No. 29993 inasmuch as the circuit court s May 22, 2009 order appointing counsel in Cr. No. 08-10869 appointed counsel for petitioner for purposes of sentencing and for appeal. Therefore, IT IS HEREBY ORDERED that the clerk of the appellate court shall process the petition for a writ of mandamus without payment of the filing fee. IT IS FURTHER ORDERED that the petition for a writ of mandamus is denied. DATED: Honolulu, Hawai#i, December 3, 2009.

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