Kailiehu v. The Honorable Judge of the District Court of the First Circuit, Honolulu Division, State of Hawai‘i
This text of Kailiehu v. The Honorable Judge of the District Court of the First Circuit, Honolulu Division, State of Hawai‘i (Kailiehu v. The Honorable Judge of the District Court of the First Circuit, Honolulu Division, State of Hawai‘i) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCPW-14-0000622 11-APR-2014 10:38 AM
SCPW-14-0000622
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
KELLY H. KAILIEHU, Petitioner,
vs.
THE HONORABLE JUDGE OF THE DISTRICT COURT OF THE FIRST CIRCUIT, HONOLULU DIVISION, STATE OF HAWAI#I, Respondent Judge,
and
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING (CR. NO. 14-1-000324)
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ., and Circuit Judge Wilson, assigned by reason of vacancy)
Upon consideration of petitioner Kelly H. Kailiehu’s
“Petition for Writ of Mandamus Directed to the Honorable Judge of
the District Court of the First Circuit Court, Honolulu Division,
State of Hawai#i, et al.”, filed on March 25, 2014, the documents
attached thereto and submitted in support thereof, and the
record, it appears that petitioner may seek relief from the circuit court in his criminal case and, therefore, is not
entitled to the requested writ of mandamus at this time. 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 supersede the legal discretionary authority of
the lower courts, nor are they intended to serve as legal
remedies in lieu of normal appellate procedure). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied without prejudice.
DATED: Honolulu, Hawai#i, April 11, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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