Kaopua v. Valenciano

Electronically Filed
Supreme Court
SCPW-15-0000740
04-NOV-2015
10:56 AM
SCPW-15-0000740
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
HERMAN-LEE KAOPUA, SR., Petitioner,
vs.
THE HONORABLE RANDAL G. B. VALENCIANO, JUDGE OF THE CIRCUIT COURT
OF THE FIFTH CIRCUIT, STATE OF HAWAI#I, Respondent Judge,
and
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(S.P.P. NO. 12-1-0007; CR. NO. 01-1-0185)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Herman-Lee Kaopua,
Sr.’s petition for a writ of mandamus, filed on October 13, 2015,
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 the requested
relief or a lack of alternative means to seek relief at this
time. Petitioner is currently represented by court-appointed
counsel, Mark Zenger, Esq., in S.P.P. No. 12-1-0007, and may seek
counsel’s assistance with regard to S.P.P. No. 12-1-0007. 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; rather, it is
meant to restrain a judge of an inferior court who has exceeded
his or her jurisdiction, has committed a flagrant and manifest
abuse of discretion, or has refused to act on a subject properly
before the court under circumstances in which he or she has a
legal duty to act). 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.
IT IS HEREBY FINALLY ORDERED that the appellate clerks’
office shall forward a copy of the petition and this order to
petitioner’s court-appointed counsel, Mark Zenger, Esq.
DATED: Honolulu, Hawai#i, November 4, 2015.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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