Hammond v. State

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
01-MAR-2022
07:57 AM
Dkt. 6 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
LOREN D. HAMMOND, III, Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(Civil No. 1CPN-XX-XXXXXXX)
ORDER DISMISSING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins JJ.)
Upon consideration of petitioner Loren D. Hammond,
III’s request for relief related to his HRPP Rule 40 post-
conviction proceeding, which was received on February 15, 2022
and filed as a petition for writ of mandamus, and the record, it
appears that on February 8, 2022, the circuit court entered an
“Order Denying Loren Hammond’s Hawaii Rules of Penal Procedure
Rule 40 Petition, Filed April 29, 2021, Without a Hearing,”
thereby ruling on the HRPP Rule 40 petition that is the subject
of this original proceeding. Petitioner has alternative means to
seek relief from the circuit court’s decision, including filing
an appeal as provided by law. Thus, inasmuch as the requested
relief has been addressed by the circuit court, an extraordinary
writ is not necessary. 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
dismissed.
It is further ordered that the clerk of the appellate
court shall process the petition for writ of mandamus without
payment of the filing fees.
DATED: Honolulu, Hawai#i, March 1, 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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