Waikiki v. Loo

Electronically Filed
Supreme Court
SCPW-16-0000389
24-MAY-2016
08:05 AM
SCPW-16-0000389
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
NELSON WAIKIKI, JR., Petitioner,
vs.
THE HONORABLE RHONDA LOO, JUDGE OF THE CIRCUIT COURT OF THE
SECOND CIRCUIT, STATE OF HAWAI'I, Respondent Judge,
and
STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 13-1-0428)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of Petitioner Nelson Waikiki Jr.’s
petition for writ of mandamus, filed on May 10, 2016, and the
record, it appears that petitioner is seeking similar relief in
the Intermediate Court of Appeals in CAAP-15-0000415 and fails to
demonstrate that he is entitled to extraordinary relief from this
court. See Kema v. Gaddis, 91 Hawai'i 200, 204-05, 982 P.2d 334,
338-39 (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); Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241,
580 P.2d 58, 62 (1978) (a writ of mandamus is not intended to
supersede the legal discretionary authority of the trial courts,
cure a mere legal error, or serve as a legal remedy in lieu of
normal appellate procedure). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the appellate clerks’
office shall file the petition for a writ of mandamus without
payment of the filing fee.
DATED: Honolulu, Hawai'i, May 24, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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