Rideout v. State

Electronically Filed
Supreme Court
SCPW-13-0006212
24-JAN-2014
02:00 PM
SCPW-13-0006212
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
MONTY V. RIDEOUT, Petitioner,
vs.
STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CAAP-13-0001700; S.P.P. No. 13-1-001K)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Monty Rideout’s
letter, filed on January 16, 2014, which we review as a petition
for a writ of mandamus, and the record, it appears that
petitioner is not entitled to extraordinary relief. Petitioner
does not have a clear and indisputable right to the appointment
of counsel for an appeal in a post-conviction proceeding and
fails to demonstrate that he is eligible for appointed counsel or
that the appeal warrants the discretionary appointment of
counsel. 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). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, January 24, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack