Simeona v. Abercrombie

• Court: Hawaii Supreme Court
• Decided: February 19, 2013
• Docket: SCPW-13-0000019
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-13-0000019 19-FEB-2013 08:43 AM

SCPW-13-0000019

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

VESTAL K. SIMEONA, Petitioner,

vs.

NEIL ABERCROMBIE, in his official capacity as Governor, Respondent.

ORIGINAL PROCEEDING

ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ., and Circuit Judge Ahn, in place of Pollack, J., recused)

Upon consideration of petitioner Vestal K. Simeona’s

petition for a writ of mandamus, which was filed on January 10,

2013, and the documents attached thereto and submitted in support

thereof, it appears that petitioner fails to demonstrate that he

has a clear and indisputable right to be released from custody.

Moreover, petitioner may seek relief in the circuit court and by

way of appeal, as appropriate. Petitioner, therefore, is not

entitled to mandamus 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 petition for a writ of

mandamus is denied.

DATED: Honolulu, Hawai#i, February 19, 2013.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Karen S.S. Ahn