Electronically Filed
Supreme Court
SCPW-13-0000186
24-APR-2013
03:04 PM
SCPW-13-0000186
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
ROBERT SMITH, JR., Petitioner,
vs.
THE HON. GREG K. NAKAMURA, JUDGE,
CIRCUIT COURT OF THE THIRD CIRCUIT, Respondent Judge
and
STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 12-1-00463)
ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Robert Smith, Jr.’s
petition for a writ of mandamus, filed on March 15, 2013, the
documents attached thereto and submitted in support thereof, and
the record, the February 8, 2013 bail condition order does not
appear to provide a mechanism by which the random testing
condition can be immediately enforced against petitioner without
a further order of the court. Additionally, petitioner did not
directly challenge by motion the February 8, 2013 bail condition
order in the circuit court. Petitioner, therefore, is not
entitled to mandamus relief at this time. 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; where a court has
discretion to act, mandamus will not lie to interfere with or
control the exercise of that discretion, even when the judge has
acted erroneously, unless the judge has exceeded his or her
jurisdiction, has committed a flagrant and manifest abuse of
discretion, or has refused to act on a subject properly before
the court under circumstances in which he or she has a legal duty
to act). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus and request for attorneys’ fees and costs are denied
without prejudice.
DATED: Honolulu, Hawai'i, April 24, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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