Chavez v. Wong ( 2018 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
09-NOV-2018
09:53 AM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
LEONARDO R. CHAVEZ, Petitioner,
vs.
THE HONORABLE PAUL B. K. WONG, JUDGE OF THE CIRCUIT COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI#I; DEPUTY PROSECUTING ATTORNEY
THALIA MURPHY; ATTORNEY SALINA KANAI ALTHOF;
STATE OF HAWAI#I, Respondents.
ORIGINAL PROCEEDING
(CR. NO. 14-1-0360)
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Leonardo R. Chavez’s
petition for writ of habeas corpus, filed on October 25, 2018,
the documents attached thereto and submitted in support thereof,
and the record, it appears that petitioner presents no special
reason for this court to invoke its jurisdiction at this time and
fails to demonstrate that he has a clear and indisputable right
to relief and a lack of alternative means to seek relief. See
Oili v. Chang, 57 Haw. 411, 412, 557 P.2d 787, 788 (1976) (the
supreme court will not exercise its original jurisdiction in
habeas corpus proceedings when no special reason exists for
invoking its jurisdiction”); 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); Honolulu Advertiser, Inc. v. Takao, 59 Haw.
237, 241, 580 P.2d 58, 62 (1978) (a writ of mandamus is not
intended to supersede the legal discretionary authority of the
trial courts, cure a mere legal error, or serve as a legal remedy
in lieu of normal appellate procedure). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
habeas corpus is denied.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process the petition for writ of habeas
corpus without payment of the filing fee.
DATED: Honolulu, Hawai#i, November 9, 2018.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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