Wagner v. State
This text of Wagner v. State (Wagner 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-14-0000621 11-APR-2014 10:25 AM
SCPW-14-0000621
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
JOHN WAGNER, Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING (CR. NO. 11-1-001)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ., and Circuit Judge To#oto#o, assigned by reason of vacancy)
Upon consideration of petitioner John Wagner’s petition
for a writ of mandamus, which was filed on March 25, 2014, the
documents attached thereto and submitted in support thereof, and
the record, it appears that petitioner has alternative means to
seek relief and, therefore, is not entitled to a 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 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.
DATED: Honolulu, Hawai#i, April 11, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Fa#auuga L. To#oto#o
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