Slavick v. Nacino

• Court: Hawaii Supreme Court
• Decided: August 21, 2017
• Docket: SCPW-17-0000593
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-17-0000593 21-AUG-2017 07:54 AM

SCPW-17-0000593

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

CHRISTOPHER LEE SLAVICK, Petitioner,

vs.

THE HONORABLE EDWIN NACINO, Judge of the Circuit Court of the

First Circuit, State of Hawai'i, Respondent Judge,

and

STATE OF HAWAI'I, Respondent.

ORIGINAL PROCEEDING

(CR. NO. 01-13-1461)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of petitioner Christopher Lee

Slavick’s petition for writ of mandamus, filed on August 7, 2017,

and the record, it appears that petitioner fails to demonstrate

that he is entitled to the requested writ of mandamus. 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 writ of

mandamus is denied.

IT IS HEREBY FURTHER ORDERED that the clerk of the

appellate court shall process the petition for writ of mandamus

without payment of the filing fee.

DATED: Honolulu, Hawai'i, August 21, 2017.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson