Kapoua v. State
This text of Kapoua v. State (Kapoua v. State) 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-13-0000910 18-JUN-2013 10:19 AM
SCPW-13-0000910
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
HERMAN LEE KAOPUA, SR., Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING (CR. NO. 01-1-0185; NO. 25009; S.P.P. NO. 06-1-0001; NO. 28907; S.P.P. NO. 09-1-0007; NO. 30079)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Herman-Lee Kaopua,
Sr.’s 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 that he has a clear
and indisputable right to void his conviction and sentence or
that he lacks alternative means to seek 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). Accordingly, IT IS HEREBY ORDERED that the appellate court shall
process the petition for a writ of mandamus without payment of
the filing fee.
IT IS HEREBY FURTHER ORDERED that the petition for a
writ of mandamus is denied.
DATED: Honolulu, Hawai#i, June 18, 2013.
/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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