Slavick v. State ( 2020 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
04-DEC-2020
03:22 PM
Dkt. 8 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
CHRIS SLAVICK, Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, J., and
Circuit Judge Ashford, assigned by reason of vacancy,
with Wilson, J., dissenting, with whom McKenna, J., joins)
Upon consideration of petitioner Chris Slavick’s
petition for writ of mandamus, filed on November 6, 2020, the
documents attached thereto and submitted in support thereof, and
the record, it appears that petitioner fails to demonstrate that
he has a clear and indisputable right to relief and that he lacks
alternative means to seek relief. Petitioner, therefore, is not
entitled to the requested extraordinary writ. 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.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process the petition for writ of mandamus
without payment of the filing fee.
DATED: Honolulu, Hawai#i, December 4, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ James H. Ashford
DISSENT
I dissent in that I would require an answer pursuant to
Hawai#i Rules of Appellate Procedure Rule 21(c).
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
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