NO. 29720
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
MICHAEL C. TIERNEY, Petitioner,
vs.
THE HONORABLE
DERRICK H.M. CHAN, JUDGE OF THE CIRCUIT
COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(CR. NOS.
88-2209 and 89-0024)
ORDER
(By: Moon, C.J., Nakayama, Acoba, and Duffy, JJ.
and
Intermediate Court of Appeals Judge Nakamura,
assigned by
reason of vacancy)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Michael C. Tierney and the papers in support,
it appears that petitioner's March 12, 2009 objection to the bail
forfeitures in Cr. Nos. 88-2209 and 89-0024 is
an objection to the executions on the forfeitures. The objection was
not filed
within the time provision of HRS § 804-51, the respondent judge is
not obliged to
hear the untimely objection, and petitioner fails to demonstrate a
clear and indisputable right to relief. 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.). Therefore,
IT IS HEREBY
ORDERED that the clerk of the appellate court shall process the
petition for a writ of mandamus without
payment of the filing fee.
IT IS FURTHER
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, April 7, 2009.