Electronically Filed
Supreme Court
SCPW-12-0000768
08-OCT-2012
10:47 AM
NO. SCPW-12-0000768
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
CHRISTOPHER GRINDLING, Petitioner,
vs.
DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CIV. NO. 05-1-0249(3))
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Christopher
Grindling’s September 5, 2012 petition for a writ of mandamus,
the document attached thereto and submitted in support thereof,
and the record, it appears that petitioner is seeking to enforce
the April 3, 2012 order for habeas relief entered by the second
circuit court in Grindling v. Hirayama et al., Civil No. 05-1
0249(3). At this time, mandamus relief is not warranted inasmuch
as petitioner has not demonstrated that he has a clear and
indisputable right to relief because petitioner may seek relief
as appropriate in the circuit 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 clerk of the appellate
court shall process the petition for a writ mandamus without
payment of the filing fee.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is denied without prejudice to petitioner seeking
further relief in the pending circuit court case.
DATED: Honolulu, Hawai'i, October 8, 2012.
/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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