Joseph v. Antonio

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
28-FEB-2022
01:47 PM
Dkt. 6 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GUY S. JOSEPH, Petitioner
vs.
LYLE ANTONIO, Respondent.
ORIGINAL PROCEEDING
(CR. NOS. 1PC021001061 and 1PC031000043)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioner Guy S. Joseph’s
petition for writ of mandamus, filed on February 16, 2022, and
the record, petitioner fails to demonstrate that he has a clear
and indisputable right to the requested relief and that he lacks
alternative means to seek relief. Petitioner may seek relief, as
appropriate, by way of a Hawai#i Rules of Penal Procedure
(“HRPP”) Rule 40 petition. See HRPP Rule 40(a)(2)(i) (2022)
(“Any person may seek relief under the procedure set forth in
this rule from custody based upon a judgement of conviction, on
the following grounds: (i) that sentence was fully served[.]”).
An extraordinary writ, therefore, is not warranted. See Kema v.
Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (explaining
that 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 ordered that the petition for writ of mandamus is
denied.
It is 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, February 28, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
2