Slavick v. Ahn

• Court: Hawaii Supreme Court
• Decided: March 19, 2013
• Docket: SCPW-13-0000167
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-13-0000167 19-MAR-2013 09:47 AM

SCPW-13-0000167

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

CHRIS SLAVICK, Petitioner,

vs.

THE HONORABLE KAREN AHN, Respondent.

ORIGINAL PROCEEDING (Cr. No. 1PC04-1-001534)

ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner Christopher Lee

Slavick’s March 2, 2013 letter to the court, which we review as a

petition for a writ of mandamus, and the record, it appears that

petitioner fails to demonstrate a clear and indisputable right to

relief and a lack of alternative means to obtain such relief.

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 clerk of 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 without prejudice.

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

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack