Electronically Filed
Supreme Court
SCPW-11-0000012
18-JAN-2011
02:39 PM
NO. SCPW-11-0000012
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
EDWARD A. SMITH, Petitioner,
vs.
THE HONORABLE DERRICK H.M. CHAN, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(P. NO. 88-0030)
ORDER
(By: Recktenwald, C.J., Nakayama, Acoba, and Duffy,
and Circuit Judge McKenna, assigned by reason of vacancy)
Upon consideration of petitioner Edward A. Smith's
papers filed on January 6, 2011, which are deemed a petition for
a writ of mandamus, it appears that petitioner fails to
demonstrate a clear and indisputable right to relief from the
respondent judge's decision on the October 22, 2009 petitions and
petitioner can appeal the decision to the intermediate court of
appeals. Therefore, petitioner is not entitled to mandamus
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. Such writs are not intended to supersede the legal
discretionary authority of the lower courts, nor are they
intended to serve as legal remedies in lieu of normal appellate
procedures.). Accordingly,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ of mandamus without
payment of the filing fees.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, January 18, 2011.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ James E. Duffy, Jr.
/s/ Sabrina S. McKenna
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