Kaopua v. Zenger ( 2016 )

Electronically Filed
Supreme Court
SCPW-16-0000219
15-AUG-2016
07:59 AM
SCPW-16-0000219
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
HERMAN-LEE KAOPUA, SR., Petitioner,
vs.
MARK R. ZENGER, Respondent.
ORIGINAL PROCEEDING
(S.P.P. NO. 12-1-0007)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of the petition for writ of mandamus
filed by petitioner Herman-Lee Kaopua, Sr., the answer filed by
respondent Mark R. Zenger, the respective supporting documents,
and the record, it appears that, based on the current state of
the record at this time, petitioner fails to demonstrate that he
has a clear and indisputable right to the relief he requests
against the respondent related to S.P.P. No. 12-1-0007.
Petitioner is currently seeking relief in the circuit court and
may confer with his court-appointed counsel for assistance. 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 petition for writ of
mandamus is denied.
IS HEREBY FURTHER ORDERED that the appellate clerks’
office shall forward a copy of the petition and this order to
petitioner’s court-appointed counsel, Melinda Mendes, Esq.
DATED: Honolulu, Hawai'i, August 15, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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