Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
SCPW-XX-XXXXXXX 03-SEP-2021
09:35 AM
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
Dkt. 12 ODDP
LAEL SAMONTE, Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, and Wilson, JJ., and
Circuit Judge To#oto#o, assigned in place of Eddins, J., recused)
Upon consideration of the document submitted by
petitioner Lael Samonte entitled, “Defense Counsels Motion for
Judgment of Acquittal,” which was filed as a petition for writ of
mandamus on August 9, 2021, petitioner fails to demonstrate that
he is entitled to the requested extraordinary relief 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 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 fees.
DATED: Honolulu, Hawai#i, September 3, 2021.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Fa#auuga To#oto#o