In re: Holmes, Jr. ( 2022 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
24-FEB-2022
08:47 AM
Dkt. 4 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
IN RE ERNEST HOLMES, JR., Petitioner.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioner Ernest Holmes, Jr.’s
petition for writ of mandamus, filed on February 14, 2022,
petitioner fails to demonstrate a clear and indisputable right to
relief from this court and has alternative means to seek relief.
See HRS § 846E-10 (setting forth the requirements for termination
of registration of sex offenders and other covered offenders) and
HRS § 560:5-106(2) (the family court has “exclusive jurisdiction
over guardianships and related proceedings concerning minors”).
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,
It is ordered that the petition for writ of mandamus is
denied.
It is further ordered that the clerk of the appellate
court shall process the petition for writ of mandamus without
payment of the filing fee.
DATED: Honolulu, Hawai#i, February 24, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
2