Blaisdell v. Nishimura

Opinion

Electronically Filed

Supreme Court

SCPW-13-0003526

07-OCT-2013

08:03 AM

SCPW-13-0003526

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

RICHARD BLAISDELL, Petitioner,

vs.

THE HONORABLE RHONDA A. NISHIMURA, Judge of the Circuit Court of the First Circuit, State of Hawai'i, Respondent Judge,

and

DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

(CIV. NO. 11-1-2008-09)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner Richard Blaisdell’s petition for a writ of mandamus directed to a judge, which was filed on September 24, 2013, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner can seek relief, as appropriate, in the circuit court and by way of an appeal from a final judgment. Petitioner, therefore, is not entitled to the requested writ of mandamus. See Kema v. Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d 334, 338-39

(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). Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of

mandamus is denied.

DATED: Honolulu, Hawai'i, October 7, 2013.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack