Willis v. Kawamura ( 2020 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
02-SEP-2020
11:48 AM
SCPW-XX-XXXXXXX
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-XX-XXXXXXX)
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