Barrett v. Thomas

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Electronically Filed Supreme Court SCPW-22-0000575 30-SEP-2022 02:47 PM Dkt. 6 ODDP SCPW-22-0000575 IN THE SUPREME COURT OF THE STATE OF HAWAI#I GUY BARRETT; and RONETTE BARRETT, Petitioners, vs. THE HONORABLE THOMAS A.K. HAIA, Judge of the District Court of the First Circuit, State of Hawai#i, Respondent Judge, and MERVINA CASH-KAEO, Respondent. ORIGINAL PROCEEDING (CASE NO. 1DRC-21-0005397) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.) Upon consideration of the petition for a writ of mandamus, filed on September 29, 2022, the documents attached and submitted in support, and the record, Petitioners have alternative means to seek relief by seeking a stay in the Intermediate Court of Appeals in CAAP-22-0000389, which is the appeal of the underlying proceeding. Appellate Procedure Rule 8(a). See Hawai#i Rules of Additionally, the Respondent Judge is not required to recuse himself merely because Petitioners disagree with the Respondent Judge’s decisions. See Aga v. Hundahl, 78 Hawai#i 230, 242, 891 P.2d 1022, 1034 (1995) (“[W]e have long adhered to the general rule that, standing alone, ‘mere erroneous or adverse rulings by the trial judge do not spell bias or prejudice[.]’” (Quoting Peters v. Jamieson, 48 Haw. 247, 264, 397 P.2d 575, 586 (1964)). is thus not warranted. An extraordinary writ See Kema v. Gaddis, 91 Hawai#i 200, 204- 05, 982 P.2d 334, 338-39 (1999). Accordingly, It is ordered that the petition is denied. DATED: Honolulu, Hawai#i, September 30, 2022. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Todd W. Eddins 2

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