Electronically Filed
Supreme Court
SCPW-12-0000700
23-AUG-2012
01:06 PM
NO. SCPW-12-0000700
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
CEDRIC AH SING, Petitioner,
vs.
THE HONORABLE EDWIN C. NACINO, JUDGE OF THE CIRCUIT
COURT OF THE FIRST CIRCUIT, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
(CIV. NO. 1CC12-1-000496; CR. NO. 56581)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Cedric Ah Sing’s August
8, 2012 petition for a writ of mandamus, the papers in support and
the record, it appears that petitioner fails to demonstrate a
clear and indisputable right to relief and, therefore, 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). 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 fee.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai'i, August 23, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
2
Ah Sing v. Nacino
Combined Opinion