Kaopua v. Mendes

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
02-AUG-2018
03:07 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
HERMAN-LEE KAOPUA, SR., Petitioner,
vs.
MELINDA K. MENDES, Respondent.
ORIGINAL PROCEEDING
(S.P.P. NO. 12-1-0007)
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 writ of mandamus, filed on May 21, 2018,
court-appointed counsel Melinda Mendes’ responses, filed on July
9, 2018 and July 17, 2018, the respective supporting documents,
and the record, it appears that, on September 19, 2017, the
circuit court entered its “Findings of Fact; Conclusion of Law;
Order Denying Petitioner Herman-Lee Kaopua, Sr.’s Writ of Habeas
Corpus” in S.P.P. No. 12-1-0007, in which the circuit court
denied petitioner’s petition for writ of habeas corpus, filed on
September 21, 2012, including the supplemental pleadings.
Petitioner, therefore, is not entitled to an 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.
DATED: Honolulu, Hawai#i, August 2, 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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