Grindling v. Department of Public Safety

• Court: Hawaii Supreme Court
• Decided: October 8, 2012
• Docket: SCPW-12-0000768
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-12-0000768 08-OCT-2012 10:47 AM

NO. SCPW-12-0000768

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

CHRISTOPHER GRINDLING, Petitioner,

vs.

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

ORIGINAL PROCEEDING

(CIV. NO. 05-1-0249(3))

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

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

Upon consideration of petitioner Christopher

Grindling’s September 5, 2012 petition for a writ of mandamus,

the document attached thereto and submitted in support thereof,

and the record, it appears that petitioner is seeking to enforce

the April 3, 2012 order for habeas relief entered by the second

circuit court in Grindling v. Hirayama et al., Civil No. 05-1­

0249(3). At this time, mandamus relief is not warranted inasmuch

as petitioner has not demonstrated that he has a clear and

indisputable right to relief because petitioner may seek relief

as appropriate in the circuit court. 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 the clerk of the appellate

court shall process the petition for a writ mandamus without

payment of the filing fee.

IT IS FURTHER ORDERED that the petition for a writ of

mandamus is denied without prejudice to petitioner seeking

further relief in the pending circuit court case.

DATED: Honolulu, Hawai'i, October 8, 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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