Marks v. State ( 2021 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
05-FEB-2021
08:07 AM
Dkt. 12 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
DONALD B. MARKS, Petitioner,
vs.
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 petitioner Donald B. Marks’s
petition for writ of mandamus, filed on January 25, 2021, the
documents attached thereto and submitted in support thereof, and
the record, it appears that petitioner’s “Petition to Vacate, Set
Aside, or Correct Judgment or to Release Petitioner from Custody”
was filed in the first circuit court on January 11, 2021, in Case
No. 1CPN-XX-XXXXXXX, and assigned to a circuit court judge.
Inasmuch as the relief requested in the petition for writ of
mandamus has been resolved, the requested extraordinary writ is
not warranted. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d
334, 338 (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, February 5, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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