Supreme Court Denies Attorney General’s Petition for Writ

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Saipan, CNMI – The Supreme Court denied the Attorney General’s petition for a writ of mandamus. The Attorney General, on behalf of the Commonwealth, had been prosecuting Willie Carnell Frink for an alleged sexual assault. After the finding of probable cause against Frink, the trial court quashed the warrant originally used to arrest Frink and required a new arrest warrant. Additionally, the trial court ordered the Commonwealth to personally serve the order finding probable cause on Frink. Instead, the Commonwealth filed a petition for writ of mandamus, arguing both requirements were an abuse of discretion.  

The Supreme Court said that writs of mandamus are extraordinary relief, and a court can only grant mandamus relief with a showing of clear error. When considering the quashed arrest warrant, the Court noted that once used, arrest warrants generally cannot be used again. As such, the Commonwealth would have needed to seek a new arrest warrant even without the trial court’s order. The order requiring a new one was not erroneous.  

The Supreme Court further held that the trial court incorrectly concluded that it lacked personal jurisdiction over Frink. Once established, personal jurisdiction exists throughout a criminal proceeding and is not defeated by a failure to personally serve a subsequent court order. However, the standard for clear error is only met when there is no rational and substantial legal argument to support the ruling. Although the trial court mischaracterized the issue as one of personal jurisdiction, it also required personal service to ensure that Frink had notice of the proceedings. The Supreme Court held that ensuring notice is a reasonable and substantial legal justification for personal service. Because the trial court’s order was supported by that rationale, it did not warrant mandamus relief. 

The full opinion can be read on the Law Revision Commission website: https://www.cnmilaw.org/spm25.php#gsc.tab=0 

2025-PR-029

FOR IMMEDIATE RELEASE

December 23, 2025

This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov