Marks v. Morikawa ( 2023 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
09-FEB-2023
09:39 AM
Dkt. 5 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DONALD B. MARKS, Petitioner,
vs.
THE HONORABLE TRISH K. MORIKAWA,
Judge of the Circuit Court of the First Circuit,
State of Hawai#i, Respondent.
ORIGINAL PROCEEDING
(CASE NO. 1CPN-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of Donald B. Marks’s petition for a
writ of mandamus, filed on February 6, 2023, the documents
attached thereto and submitted in support thereof, and the record
in Donald B. Marks v. State of Hawai#i, 1CPN-XX-XXXXXXX, we
conclude that Petitioner Marks has failed to demonstrate that he
has a clear and indisputable right to relief, insofar as we
conclude it cannot be said that the respondent judge has
committed a flagrant and manifest abuse of discretion or has
refused to act on a matter in presiding over the case. 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 ordered that the petition for writ of mandamus is
denied.
It is further ordered that, in light of the
Petitioner’s incarceration, the clerk of the court shall serve
upon the respondent judge a copy of the petition and this instant
order, in compliance with Rule 21(a) of the Hawai#i Rules of
Appellate Procedure.
DATED: Honolulu, Hawai#i, February 9, 2023.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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