Kaopua v. Kollar

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
21-NOV-2018
11:51 AM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
HERMAN-LEE KAOPUA, SR., Petitioner,
vs.
JUSTIN F. KOLLAR, in his capacity as Prosecuting Attorney,
County of Kaua#i; and STATE OF HAWAI#I, Respondents.
ORIGINAL PROCEEDING
(S.P.P. NO. 18-1-0001)
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 November 14, 2018,
the documents attached thereto and submitted in support thereof,
and the record, it appears that petitioner fails to demonstrate
that he is entitled to the requested 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); Barnett v.
Broderick, 84 Hawai#i 109, 111, 929 P.2d 1359, 1361 (1996) (with
respect to a public official, mandamus relief is available to
compel an official to perform a duty allegedly owed to an
individual only if the individual’s claim is clear and certain,
the official’s duty is ministerial and so plainly prescribed as
to be free from doubt, and no other remedy is available).
Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process the petition for writ of mandamus
without payment of the filing fee.
DATED: Honolulu, Hawai#i, November 21, 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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