Holcomb v. Ashford ( 2016 )

Electronically Filed
Supreme Court
SCPW-16-0000605
16-SEP-2016
01:19 PM
SCPW-16-0000605
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
_________________________________________________________________
RICHARD L. HOLCOMB, Petitioner,
vs.
THE HONORABLE JAMES H. ASHFORD, Judge of the District Court of
the First Circuit, State of Hawai#i, Respondent Judge,
and
THE STATE OF HAWAI#I and ERIC KOBASHIGAWA, Respondents.
_________________________________________________________________
ORIGINAL PROCEEDING
(CASE NO. 1DTA-16-01292)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND/OR PROHIBITION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Richard L. Holcomb’s
petition for writ of mandamus and/or prohibition, filed on
September 1, 2016, the documents attached thereto and submitted
in support thereof, and the record, it appears that, at this
time, petitioner 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 writ of mandamus and/or writ of
prohibition. 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; it is meant to restrain a judge of an inferior court from
acting beyond or in excess of his or her jurisdiction); Honolulu
Adv., Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a
writ of prohibition is an extraordinary remedy that is meant to
restrain a judge of an inferior court from acting beyond or in
excess of his jurisdiction). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus and/or prohibition is denied.
DATED: Honolulu, Hawai#i, September 16, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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