State v. Hara

• Court: Hawaii Supreme Court
• Decided: September 28, 2015
• Docket: SCPW-15-0000697
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-15-0000697 28-SEP-2015 03:37 PM

SCPW-15-0000697

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

STATE OF HAWAI'I, Petitioner,

vs.

THE HONORABLE GLENN S. HARA, Judge of the Circuit Court of the Third Circuit, State of Hawai'i, Respondent Judge,

and

XAVIER J. CORTEZ, JR. aka PEE WEE, Respondent.

ORIGINAL PROCEEDING

(CR. NO. 15-1-0043)

ORDER DENYING PETITION FOR WRIT OF PROHIBITION OR, IN THE

ALTERNATIVE, FOR AN ORDER STAYING PROCEEDINGS

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

Upon consideration of petitioner State of Hawai'i’s

petition for a writ of prohibition or, in the alternative, for an

order staying proceedings, filed on September 24, 2015, the

documents attached thereto and submitted in support thereof, and

the record, it appears that an appeal from the circuit court’s

pretrial orders issued in the underlying criminal proceeding is

pending in the Intermediate Court of Appeals (CAAP-15-0000481)

and petitioner fails to demonstrate that extraordinary relief is warranted from this court. See Gannett Pac. Corp. v. Richardson,

59 Haw. 224, 226, 580 P.2d 49, 53 (1978) (a writ of prohibition

is not meant to serve as a legal remedy in lieu of normal

appellate procedures; rather, it is available in “rare and

exigent circumstances” where “allow[ing] the matter to wend its

way through the appellate process would not be in the public

interest and would work upon the public irreparable harm”); HRAP

Rule 8(c). Accordingly,

IT IS HEREBY ORDERED that the petition for a writ of

prohibition is denied.

DATED: Honolulu, Hawai'i, September 28, 2015.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson