Hodges v. State

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Electronically Filed Supreme Court SCPW-19-0000613 24-SEP-2019 02:03 PM SCPW-19-0000613 IN THE SUPREME COURT OF THE STATE OF HAWAI#I HAROLD TOMLIN HODGES, JR., Petitioner, vs. STATE OF HAWAI#I, Respondent. ORIGINAL PROCEEDING (CASE NO. 2PC16-1-0422) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of petitioner Harold Tomlin Hodges, Jr.’s “MOTION TO Mandamus,” filed on September 3, 2019, which we construe as a petition for writ of mandamus, and the record, it appears that petitioner fails to demonstrate that he has a clear and indisputable right to extraordinary relief from this court and has alternative means to seek relief, including postconviction relief pursuant to Hawai#i Rules of Penal Procedure Rule 40. See Kema v. Gaddis, 91 Hawai#i 200, 204-05, 982 P.2d 334, 338-39 (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 writ of mandamus is denied. DATED: Honolulu, Hawai#i, September 24, 2019. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2