In re Hanohano

Electronically Filed
Supreme Court
SCPW-12-0001126
23-JAN-2013
02:09 PM
SCPW-12-0001126
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
IN RE RANDY HANOHANO
ORIGINAL PROCEEDING
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
By letter dated November 17, 2012, which was filed as a
petition for a writ of mandamus on December 31, 2012, petitioner
Randy Hanohano asks this court to review his conviction for
terroristic threatening and acquit him. Upon considering the
request and the record, it appears that (1) the time to seek
further review of the terroristic threatening conviction has
passed, see HRAP Rule 40.1(1), and (2) this court does not have
jurisdiction to acquit a defendant, see HRS § 602-5(a) (Supp.
2012). Petitioner, therefore, is not entitled to mandamus
relief. 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). Therefore,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ of mandamus without
payment of the filing fee.
IT IS HEREBY FURTHER ORDERED that the petition for a
writ of mandamus is dismissed.
DATED: Honolulu, Hawai#i, January 23, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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