Electronically Filed
Supreme Court
SCPW-16-0000710
04-NOV-2016
10:56 AM
SCPW-16-0000710
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL RUGGLES, Petitioners,
vs.
THE HONORABLE GREG K. NAKAMURA, Judge of the Circuit Court of the
Third Circuit, State of Hawai#i, Respondent Judge,
and
ATTORNEY GENERAL FOR THE STATE OF HAWAI#I and STATE OF HAWAI#I,
Respondents.
ORIGINAL PROCEEDING
(CR. NO. 15-1-0391)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, J.J.)
Upon consideration of petitioner Michael Ruggles’s
“Petition for Writ of Peremptory Mandamus,” filed on October 24,
2016, the documents attached thereto and submitted in support
thereof, and the record, it appears that petitioner fails to
demonstrate that he has a clear and indisputable right to the
requested relief or that he lacks alternative means to seek
relief. Petitioner has challenged Hawai#i’s medical cannabis
laws in the underlying criminal case and, as appropriate, may
raise the issues on appeal or in a subsequent action.
Petitioner, therefore, is not entitled to the requested writ of
mandamus. 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 writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, November 4, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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