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Kalua'u III v. Circuit Court of the Third Circuit

Supreme Court of Hawaii
Aug 2, 2010
No. 30638 (Haw. Aug. 2, 2010)

Opinion

No. 30638

August 2, 2010.

ORIGINAL PROCEEDING (FC-CR Nos. 09-1-193K, 09-1-194K, 09-1-195K)

By: MOON, C.J., NAKAYAMA, ACOBA, DUFFY, and RECKTENWALD, JJ.


ORDER

Upon consideration of John Kalua'u III's July 21, 2010 letter to the Chief Justice, which we treat as a petition for a writ of mandamus, it appears that petitioner is not entitled to mandamus relief. See HRS § 602-5(3) (Supp. 2009) ("The supreme court shall have jurisdiction and power . . . to exercise original jurisdiction in all questions arising under writs directed to courts of inferior jurisdiction and returnable before the supreme court.");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.). Therefore,

IT IS HEREBY ORDERED that the clerk of the appellate court shall process the July 21, 2010 letter as a petition for a writ of mandamus without payment of the filing fee.

IT IS FURTHER ORDERED that the petition for a writ of mandamus is denied.


Summaries of

Kalua'u III v. Circuit Court of the Third Circuit

Supreme Court of Hawaii
Aug 2, 2010
No. 30638 (Haw. Aug. 2, 2010)
Case details for

Kalua'u III v. Circuit Court of the Third Circuit

Case Details

Full title:JOHN KALUA'U III, Petitioner, v. CIRCUIT COURT OF THE THIRD CIRCUIT, STATE…

Court:Supreme Court of Hawaii

Date published: Aug 2, 2010

Citations

No. 30638 (Haw. Aug. 2, 2010)