Holcomb v. Ashford

• Court: Hawaii Supreme Court
• Decided: September 16, 2016
• Docket: SCPW-16-0000605
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-16-0000605 16-SEP-2016 01:19 PM

SCPW-16-0000605

IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________

RICHARD L. HOLCOMB, Petitioner,

vs.

THE HONORABLE JAMES H. ASHFORD, Judge of the District Court of the First Circuit, State of Hawai#i, Respondent Judge,

and

THE STATE OF HAWAI#I and ERIC KOBASHIGAWA, Respondents. _________________________________________________________________

ORIGINAL PROCEEDING (CASE NO. 1DTA-16-01292)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND/OR PROHIBITION (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of petitioner Richard L. Holcomb’s

petition for writ of mandamus and/or prohibition, filed on

September 1, 2016, the documents attached thereto and submitted

in support thereof, and the record, it appears that, at this

time, petitioner fails to demonstrate that he has a clear and

indisputable right to the requested relief or that he lacks

alternative means to seek relief. Petitioner, therefore, is not

entitled to the requested writ of mandamus and/or writ of prohibition. 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; it is meant to restrain a judge of an inferior court from

acting beyond or in excess of his or her jurisdiction); Honolulu

Adv., Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a

writ of prohibition is an extraordinary remedy that is meant to

restrain a judge of an inferior court from acting beyond or in

excess of his jurisdiction). Accordingly,

IT IS HEREBY ORDERED that the petition for writ of

mandamus and/or prohibition is denied.

DATED: Honolulu, Hawai#i, September 16, 2016.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson