Hodges v. State ( 2022 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
02-AUG-2022
08:00 AM
Dkt. 9 ODDP
SCPW-XX-XXXXXXX
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. 2PC161000422)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of Harold Tomlin Hodges, Jr.’s
(Petitioner) amended “Motion for 30 days ruling,” filed on
July 14, 2022, which we construe as a petition for writ of
mandamus, and the record, a petition for writ of mandamus is not
intended to be used in lieu of normal appellate procedures.
Petitioner has alternative means to seek relief by filing a
Hawai#i Rules of Penal Procedure Rule 40 petition in the circuit
court. An extraordinary writ is thus not warranted. See Kema v.
Gaddis, 91 Hawai#i 200, 204-05, 982 P.2d 334, 338-39 (1999)
(explaining that 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; such writs are not meant to supersede the legal
discretionary authority of the lower court, nor are they meant to
serve as legal remedies in lieu of normal appellate procedures).
Accordingly,
It is ordered that the petition for writ of mandamus is
denied.
It is further ordered that the appellate court clerk
shall process the petition without payment of the filing fee.
DATED: Honolulu, Hawai#i, August 2, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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