NO. 30189
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
MICHAEL C.
TIERNEY, Petitioner,
vs.
THE HONORABLE RICHARD K. PERKINS,
JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(CR.
NO. 08-1-0869)
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 petitioner is represented by appointed counsel in
appellate case No. 29993 inasmuch as the circuit court's
May 22, 2009 order appointing counsel in Cr. No. 08-1-0869 appointed
counsel for petitioner for purposes of sentencing
and for appeal. 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.