State v. Ahn

Electronically Filed
Supreme Court
SCPW-10-0000055
17-NOV-2010
03:05 PM
NO. SCPW-10-0000055
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Petitioner,
vs.
THE HONORABLE KAREN S.S. AHN, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I and
ROYNES JOSEPH DURAL, II, Respondents.
ORIGINAL PROCEEDING
(S.P.P. No. 09-1-0015 (CR. NO. 02-1-2791))
ORDER
(By: Nakayama, Acting C.J., Acoba, and Duffy, JJ., and Circuit
Judge Crandall, in place of Recktenwald, C.J., recused, and
Circuit Judge Lee, assigned by reason of vacancy)
Upon consideration of petitioner State of Hawaii's
petition for a writ of mandamus, it appears that petitioner fails
to demonstrate a clear and indisputable right to relief.
Therefore, petitioner is not entitled to extraordinary relief.
See HRS § 602-5(3) (Supp. 2009) ("The supreme court shall have
jurisdiction and power . . . to exercise original jurisdiction in
all questions arising under writs directed to courts of inferior
jurisdiction and returnable before the supreme court."); 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. Such writs are not
intended to supersede the legal discretionary authority of the
lower courts, nor are they intended to serve as legal remedies in
lieu of normal appellate procedures.). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, November 17, 2010.
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Virginia L. Crandall
/s/ Randal K.O. Lee
2