NO. 30180
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
MICHAEL C.
TIERNEY, Petitioner,
vs.
THE HONORABLE RUSSEL S. NAGATA,
JUDGE OF THE DISTRICT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(CASE
NO. 1P108-06561)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Michael C. Tierney and the papers in support,
it appears that the district court of the first circuit appointed
appellate counsel for petitioner in Case No. 1P108-06561 by
order filed on November 3, 2009. 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, December 3, 2009.