Bikle v. District Court Judges of Hilo
This text of Bikle v. District Court Judges of Hilo (Bikle v. District Court Judges of Hilo) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCPW-XX-XXXXXXX 07-NOV-2018 09:14 AM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
PHILIP BIKLE, Petitioner,
vs.
DISTRICT COURT JUDGES OF HILO, District Court of the Third Circuit, State of Hawai#i, Respondent Judges,
and
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING (CASE NOS. 3DTC-16-005744 and 3DTI-16-016896)
ORDER DENYING “APPLICATION FOR EXPEDITED WRIT OF MANDATE TO THE THIRD JUDICIAL CIRCUIT, COUNTY OF HAWAI#I, STATE OF HAWAI#I & APPLICATION FOR EMERGENCY STAY OF LOWER COURT PROCEEDINGS” (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Philip Bikle’s
“Application for Expedited Writ of Mandate to the Third Judicial
Circuit, County of Hawai#i, State of Hawai#i & Application for
Emergency Stay of Lower Court Proceedings,” filed on October 19,
2018, the documents attached thereto and submitted in support
thereof, and the record, it appears that petitioner fails to
demonstrate that he is entitled to the requested relief sought by way of an extraordinary writ and that he lacks alternative means
to seek relief. See HRS § 803-6(b); HRS § 286-10; HRPP Rule
5(b); 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); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241,
580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to
supersede the legal discretionary authority of the trial courts,
cure a mere legal error, or serve as a legal remedy in lieu of
normal appellate procedure). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus and the request for a stay of the district court
proceedings are denied.
DATED: Honolulu, Hawai#i, November 7, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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