State v. Kim

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
18-JUL-2019
03:03 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Petitioner,
vs.
THE HONORABLE ROBERT D.S. KIM, Judge of the Circuit Court of the
Third Circuit, State of Hawai#i, Respondent Judge,
and
JAMIE JASON; MALIA KAALANEO LAJALA; KRYSTLE LYNN FERREIRA; JORGE
ALLEN PAGAN-TORRES, Respondents.
ORIGINAL PROCEEDING
(CASE NO. 3CPC-XX-XXXXXXX)
ORDER DENYING WITHOUT PREJUDICE
AMENDED PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner State of Hawai#i’s
petition for writ of mandamus, filed on June 25, 2019, and the
amended petition for writ of mandamus, filed on June 27, 2019,
the submissions of the respondents and the respondent judge, the
respective supporting documents, and the record, it appears that,
subsequent to the filing of the petition for writ of mandamus in
this proceeding, the notice of appeal from the “Findings of Fact,
Conclusions of Law and Order Granting (Defendant Jamie Jason’s)
Motion to Suppress Statements and Evidence Filed February 5,
2019,” filed on June 18, 2019, in State v. Jamie Jason et al.,
Case No. 3CPC-XX-XXXXXXX, in the circuit court of the third
circuit, was filed in the Intermediate Court of Appeals in CAAP-
XX-XXXXXXX. Accordingly, there appears to be an alternative
means to obtain the requested action as appropriate in CAAP-19-
0000462. 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; a writ of mandamus is not intended to supersede the legal
discretionary authority of the lower courts or serve as a legal
remedy in lieu of normal appellate procedures). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied without prejudice to petitioner seeking
relief, as appropriate, in the appeal pending in CAAP-XX-XXXXXXX.
DATED: Honolulu, Hawai#i, July 18, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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