Moore v. Futa

Full title: DAVID L. MOORE, Petitioner, v. JANICE T. FUTA, DEPUTY PROSECUTING ATTORNEY…

Court: SUPREME COURT OF THE STATE OF HAWAI'I

Date published: May 22, 2019

SCPW-19-0000377 (Haw. May. 22, 2019)

Opinion

SCPW-19-0000377

05-22-2019

DAVID L. MOORE, Petitioner, v. JANICE T. FUTA, DEPUTY PROSECUTING ATTORNEY OF THE CITY AND COUNTY OF HONOLULU, Respondent.

By: McKenna, Acting C.J., Pollack and Wilson, JJ., and Circuit Judge Eddins, in place of Recktenwald, C.J., recused, and Circuit Judge Nakasone, in place of Nakayama, J., recused

ORIGINAL PROCEEDING ORDER DENYING PETITION FOR EXTRAORDINARY WRIT
()

Upon consideration of David L. Moore's petition for an extraordinary writ, filed on May 7, 2019, we conclude, on the merits of the petition,¹ that petitioner Moore fails to demonstrate that he has a clear and indisputable right to the requested relief or that he lacks alternative means to seek relief. Petitioner, therefore, is not entitled to the requested extraordinary writ. 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,

1 This court reaches the merits of the petition because there is no statute, court rule, or statutorily prescribed order prohibiting Moore from filing the instant petition with this court. --------

IT IS HEREBY ORDERED that the petition is denied.

DATED: Honolulu, Hawai'i, May 22, 2019.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

/s/ Todd W. Eddins

/s/ Karen T. Nakasone