Gouveia v. Kim ( 2014 )

Electronically Filed
Supreme Court
SCPW-13-0005887
04-APR-2014
12:37 PM
SCPW-13-0005887
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
ROYCE C. GOUVEIA, Petitioner,
vs.
THE HONORABLE GLENN J. KIM, JUDGE OF THE FIRST CIRCUIT
COURT, Respondent Judge,
AND
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 12-1-1474)
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ., and
Circuit Judge Crandall, assigned by reason of vacancy.)
Upon consideration of petitioner Royce C. Gouveia’s
petition for a writ of mandamus, filed on December 5, 2013, the
documents attached thereto and submitted in support thereof, and
the record, it appears that petitioner has filed an appeal in the
Intermediate Court of Appeals (CAAP-14-0000358) concerning, in
part, the circuit court’s finding of “manifest necessity” in
granting the State of Hawai#i’s oral motion for a mistrial.
Petitioner fails to demonstrate that he has a clear and
indisputable right to receive the jury’s September 6, 2013
verdict and that he lacks alternative means to seek relief.
Petitioner, therefore, is not entitled to a writ of mandamus.
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; where a court has discretion to act, mandamus will not
lie to interfere with or control the exercise of that discretion,
even when the judge has acted erroneously, unless the judge has
exceeded his or her jurisdiction, has committed a flagrant and
manifest abuse of discretion, or has refused to act on a subject
properly before the court under circumstances in which the court
has a legal duty to act). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied without prejudice to petitioner raising the
issues in his pending appeal.
DATED: Honolulu, Hawai#i, April 4, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Virginia L. Crandall