State v. Valenciano ( 2022 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
07-FEB-2022
09:02 AM
Dkt. 16 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Petitioner,
vs.
THE HONORABLE RANDAL G.B. VALENCIANO, Judge of the Circuit Court
of the Fifth Circuit, State of Hawai#i, Respondent Judge,
and
DAVID JOHN MICHAELEDES, Respondent.
ORIGINAL PROCEEDING
(CASE NO. 5CPC-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioner State of Hawai#i’s
petition for writ of mandamus, and the record, petitioner is
currently seeking relief in the Intermediate Court of Appeals in
CAAP-XX-XXXXXXX. Based on the record, it cannot be said that the
respondent judge exceeded his jurisdiction, committed a flagrant
and manifest abuse of discretion, or refused to act on a matter
in presiding over the case to warrant the requested extraordinary
relief by this court. See Kema v. Gaddis, 91 Hawai#i 200, 204-
05, 982 P.2d 334, 338-39 (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). The State has alternative means to
redress the alleged wrong by appealing the circuit court’s order
granting the motion to dismiss for lack of jurisdiction. And it
has done that. See CAAP-XX-XXXXXXX. Accordingly,
It is ordered that the petition for writ of mandamus is
denied.
DATED: Honolulu, Hawai#i, February 7, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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