Moore v. Futa

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
22-MAY-2019
10:49 AM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAII
DAVID L. MOORE, Petitioner,
vs.
JANICE T. FUTA, DEPUTY PROSECUTING ATTORNEY
OF THE CITY AND COUNTY OF HONOLULU,
Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR EXTRAORDINARY WRIT
(By: McKenna, Acting C.J., Pollack and Wilson, JJ., and
Circuit Judge Eddins, in place of Recktenwald, C.J., recused,
and Circuit Judge Nakasone, in place of Nakayama, J., recused)
Upon consideration of David L. Moore’s petition for an
extraordinary writ, filed on May 7, 2019, we conclude, on the
merits of the petition,1 that petitioner Moore fails to
demonstrate that he has a clear and indisputable right to the
requested relief or that he lacks alternative means to seek
relief. Petitioner, therefore, is not entitled to the requested
1
This court reaches the merits of the petition because there is no
statute, court rule, or statutorily prescribed order prohibiting Moore from
filing the instant petition with this court.
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 is denied.
DATED: Honolulu, Hawaii, May 22, 2019.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
/s/ Todd W. Eddins
/s/ Karen T. Nakasone
2