Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
05-JUN-2020
01:57 PM
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
KRISTOPHER KEALOHA, Petitioner,
vs.
THE HONORABLE FAAUUGA TO#OTO#O, Judge of the Circuit Court of the
First Circuit, State of Hawai#i, Respondent Judge,
and
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CR. NOS. 1CPC-XX-XXXXXXX and 1CPC-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Kristopher Kealoha’s
petition for writ of mandamus, filed on May 21, 2020, and the
record, it appears that petitioner fails to demonstrate that he
has a clear and indisputable right to be released from custody
and petitioner may seek relief in his underlying criminal cases,
as provided by law. Petitioner, therefore, is not entitled to
the requested extraordinary 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 petition for writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the clerk of the
appellate court shall process the petition for writ of mandamus
without payment of the filing fee.
DATED: Honolulu, Hawai#i, June 5, 2020.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
2
Kealoha v. To'oto'o
Combined Opinion