Quilausing v. Department of Public Safety, State of Hawaii ( 2012 )

Electronically Filed
Supreme Court
SCPW-12-0000015
25-JAN-2012
01:58 PM
NO. SCPW-12-0000015
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
KYLE QUILAUSING, Petitioner,
vs.
DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
Upon consideration of petitioner Kyle Quilausing's
petition for a writ of mandamus and the papers in support, it
appears that petitioner provides no evidence that the Department
of Public Safety has not properly adjusted petitioner's minimum
and maximum term sentences in accordance with the circuit court's
February 23, 2010 order. Petitioner fails to demonstrate a clear
and indisputable right to relief. Therefore, petitioner is not
entitled to mandamus relief. See HRS § 602-5(3) (2010) (“The
supreme court shall have jurisdiction and power . . . [t]o
exercise original jurisdiction in all questions . . . arising
under writs of mandamus directed to public officers to compel
them to fulfill the duties of their offices[.]”); In re
Disciplinary Bd. of Hawaii Supreme Court, 91 Hawai'i 363, 368,
984 P.2d 688, 693 (1999) (Mandamus relief is available to compel
an official to perform a duty allegedly owed to an individual
only if the individual’s claim is clear and certain, the
official’s duty is ministerial and so plainly prescribed as to be
free from doubt, and no other remedy is available.).
Accordingly,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for writ of mandamus without
payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, January 25, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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