State v. Slavick ( 2013 )

Electronically Filed
Supreme Court
SCPW-12-0001124
23-JAN-2013
02:04 PM
SCPW-12-0001124
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Respondent,
vs.
CHRISTOPHER LEE SLAVICK, Petitioner.
ORIGINAL PROCEEDING
(CR. NO. 04-1-1534)
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Christopher Lee
Slavick’s petition for a writ of prohibition, which was filed on
December 28, 2012, and the record, it appears that petitioner
fails to demonstrate a clear and indisputable right to the
requested relief and a lack of alternative means to obtain such
relief. See Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237,
241, 580 P.2d 58, 62 (1978) (a writ of prohibition 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; such a writ is not intended to
supersede the legal discretionary authority of the trial courts,
cure a mere legal error or serve as a legal remedy in lieu of
normal appellate procedure). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
prohibition is denied.
DATED: Honolulu, Hawai#i, January 23, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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