Chatman v. First Circuit Court of the State of Hawaii ( 2015 )

Electronically Filed
Supreme Court
SCPW-15-0000892
08-DEC-2015
02:20 PM
SCPW-15-0000892
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
ANTHONY K. CHATMAN, Petitioner,
vs.
FIRST CIRCUIT COURT OF THE STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(S.C. No. 26763; FC-CR NO. 02-1-0011; CR. NO. 02-1-2353)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
On November 18, 2015, the Office of the Chief Clerk
received a letter from petitioner Anthony K. Chatman, dated
November 3, 2015, in which he seeks a “direct appeal” to the
Supreme Court to take jurisdiction over matters pending in FC-No.
02-1-0011. The letter was filed as a petition for a writ of
mandamus. Upon consideration of the petition, the documents
attached thereto and submitted in support thereof, and the
record, it appears that petitioner is not presently entitled to
the requested relief. 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); Barnett v. Broderick, 84 Hawai'i 109, 111, 929
P.2d 1359, 1361 (1996) (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 petition for a writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the appellate clerks’
office shall process the petition for a writ of mandamus without
payment of the filing fee.
DATED: Honolulu, Hawai'i, December 8, 2015.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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