Willis v. Kawamura

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Electronically Filed Supreme Court SCPW-20-0000494 02-SEP-2020 11:48 AM SCPW-20-0000494 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ERIK WILLIS, Petitioner, vs. THE HONORABLE SHIRLEY M. KAWAMURA, Judge of the Circuit Court of the First Circuit, State of Hawai#i, Respondent Judge, and STATE OF HAWAI#I, Respondent. ORIGINAL PROCEEDING (CR. NO. 1CPC-20-0000887) ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND/OR MANDAMUS (By: Recktenwald, C.J., Nakayama, J., and Circuit Judge Souza, assigned by reason of vacancy, with McKenna, J., dissenting, with whom Wilson, J., joins) Upon consideration of petitioner Erik Willis’s petition for writ of habeas corpus and/or mandamus, filed on August 2, 2020, the documents attached thereto and submitted in support thereof, and the record, it cannot be said that the respondent judge committed a flagrant and manifest abuse of discretion in denying bail under the specific facts and circumstances of this case. See, e.g., HRS §§ 804-3(b)(3) (bail may be denied where the charge is for a serious crime and “[t]here is a serious risk that the person poses a danger to any person or the community”); Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999); Oili v. Chang, 57 Haw. 411, 412, 557 P.2d 787, 788 (1976). Accordingly, IT IS HEREBY ORDERED that the petition for writ of habeas corpus and/or mandamus is denied. DATED: Honolulu, Hawai#i, September 2, 2020. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Kevin A. Souza DISSENT I respectfully dissent. I would require an answer be filed pursuant to Hawai#i Rules of Appellate Procedure Rule 21(c). /s/ Sabrina S. McKenna /s/ Michael D. Wilson

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