Hodges v. State

Annotate this Case

Download PDF

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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.