Fleming v. Loo

• Court: Hawaii Supreme Court
• Decided: August 5, 2014
• Docket: SCPW-13-0004021
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-13-0004021 05-AUG-2014 11:21 AM

SCPW-13-0004021

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

DAVID T. FLEMING, Petitioner,

vs.

THE HONORABLE RHONDA I.L. LOO, JUDGE OF THE CIRCUIT COURT OF THE SECOND CIRCUIT, Respondent Judge,

and

STATE OF HAWAI#I, Respondent.

ORIGINAL PROCEEDING (CR. NO. 06-1-0570(1))

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

Upon consideration of Petitioner David T. Fleming’s

petition for a writ of mandamus, filed on October 15, 2013, the

State of Hawai#i’s response, filed on February 26, 2014, the

respective supporting documents and supplemental submissions, and

the record, it appears that Petitioner was sentenced by the

circuit court on July 18, 2014, and, therefore, the issues raised in the petition are moot or Petitioner has alternative means in

which to seek relief from issues related to the circuit court

proceedings. 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). Accordingly,

IT IS HEREBY ORDERED that oral argument is no longer

necessary in this matter.

IT IS HEREBY FURTHER ORDERED that the petition for a

writ of mandamus is dismissed.

DATED: Honolulu, Hawai#i, August 5, 2014.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson