Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
06-AUG-2019
12:10 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Petitioner,
vs.
THE HONORABLE ROBERT D.S. KIM, Judge of the Circuit Court of the
Third Circuit, State of Hawai#i, Respondent Judge,
and
JAMIE JASON; MALIA KAALANEO LAJALA; KRYSTLE LYNN FERREIRA; JORGE
ALLEN PAGAN-TORRES, Respondents.
ORIGINAL PROCEEDING
(CASE NO. 3CPC-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner State of Hawai#i’s
petition for writ of mandamus, filed on July 29, 2019, the
documents attached thereto and submitted in support thereof, and
the record, it appears that petitioner is seeking the identical
relief in CAAP-XX-XXXXXXX. Petitioner, therefore, is not
entitled to the requested extraordinary writ from this court.
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, inter alia, the petitioner demonstrates a lack of
alternative means to redress adequately the alleged wrong or
obtain the requested action; a writ of mandamus is not intended
to serve as a legal remedy in lieu of normal appellate
procedures). Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, August 6, 2019.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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