Electronically Filed
Supreme Court
SCPW-13-0002327
08-AUG-2013
12:43 PM
SCPW-13-0002327
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GERALD VILLANUEVA, Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CR. No. 96-0078, No. 20220)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
On July 24, 2013, the court received a document
submitted by petitioner Gerald Villanueva entitled “Newly
Discovered Evidence Pursuant to HRAP Rule 27(c)” in which
petitioner asks the court to fix or correct his sentence. The
caption of the document references Appeal No. 20220, which is
closed, and, therefore, the document was filed as a petition for
a writ of mandamus on July 24, 2014. Upon consideration of the
petition, the documents attached thereto and submitted in support
thereof, and the record, it appears that petitioner is seeking
similar relief in CAAP-13-0001903 and can raise the issues he
presents here in the pending appeal. 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). Accordingly,
IT IS HEREBY ORDERED that the appellate clerk 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 denied.
IT IS HEREBY FINALLY ORDERED that the appellate clerk
is directed not to accept any filings in Appeal No. 20220, which
is closed.
DATED: Honolulu, Hawai#i, August 8, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack