Makekau v. Garibaldi

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Electronically Filed Supreme Court SCPW-19-0000030 07-MAR-2019 02:15 PM SCPW-19-0000030 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ CRAIGE K. MAKEKAU, Petitioner, vs. THE HONORABLE COLETTE Y. GARIBALDI, Judge of the Circuit Court of the First Circuit, State of Hawai#i (ret.), Respondent Judge, and STATE OF HAWAI#I, Respondent. _________________________________________________________________ ORIGINAL PROCEEDING (S.P.P. NO. 16-1-0031; CR. NO. 04-1-1801) ORDER DENYING AS MOOT PETITION FOR WRIT OF MANDAMUS (By: Nakayama, Acting C.J., McKenna, Pollack, and Wilson, JJ., and Circuit Judge Castagnetti, in place of Recktenwald, C.J., recused) Upon consideration of petitioner Craige K. Makekau’s letter dated January 2, 2019, which was filed as a petition for writ of mandamus on January 8, 2019, the State of Hawai#i’s answer to the petition for writ of mandamus, filed on February 22, 2019, the Honorable Shirley M. Kawamura’s answer to the petition for writ of mandamus, filed on March 4, 2019, the respective supporting documents, and the record, it appears that on March 4, 2019, in S.P.P. No. 16-1-0031, the circuit court entered an “Order Regarding Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner for [sic] Custody Filed December 7, 2016.” The relief requested by petitioner in this original proceeding is moot. Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied as moot. DATED: Honolulu, Hawai#i, March 7, 2019. /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson /s/ Jeannette H. Castagnetti 2