Villanueva v. State ( 2014 )

Electronically Filed
Supreme Court
SCPW-14-0001273
20-NOV-2014
11:31 AM
SCPW-14-0001273
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GERALD VILLANUEVA, Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CAAP-14-0000809; CR. NO. 96-0078)
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson JJ.)
Upon consideration of petitioner Gerald Villanueva’s
petition for a writ of mandamus, filed on November 3, 2014, the
documents attached thereto and submitted in support thereof, and
the record, it appears that Petitioner, who is seeking relief
from the Intermediate Court of Appeals in CAAP-14-0000809, fails
to demonstrate that he has a clear and indisputable right to
relief from this court or 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, 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 HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ of mandamus without
payment of the filing fee.
IT IS HEREBY FURTHER ORDERED that the petition for a
writ of mandamus is denied without prejudice to Petitioner
seeking relief, as appropriate, in CAAP-14-0000809.
DATED: Honolulu, Hawai#i, November 20, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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