Ellis v. Kawano

• Court: Hawaii Supreme Court
• Decided: October 5, 2012
• Docket: SCPW-12-0000745
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-12-0000745 05-OCT-2012 11:12 AM

NO. SCPW-12-0000745

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

WILLIAM S. ELLIS, JR., Petitioner,

vs.

THE HONORABLE KELSEY KAWANO, JUDGE OF THE CIRCUIT COURT OF THE

SECOND CIRCUIT, STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

(ICA NO. CAAP-11-0000781; ICA NO. CAAP-11-0001093;

CIV. NO. 04-1-0500(1); CIV. NO. 05-1-0232(2))

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner William S. Ellis,

Jr.’s August 29, 2012 petition for a writ of mandamus, the

documents attached thereto and submitted in support thereof, and

the record, it appears that petitioner fails to demonstrate a

clear and indisputable right to relief and, therefore, is not

entitled to mandamus relief. See 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. Such writs are not intended to

supercede the legal discretionary authority of the lower courts,

nor are they intended to serve as legal remedies in lieu of

normal appellate procedures.). Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of

mandamus is denied.

DATED: Honolulu, Hawai'i, October 5, 2012.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

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