Electronically Filed
Supreme Court
SCPW-13-0000910
18-JUN-2013
10:19 AM
SCPW-13-0000910
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
HERMAN LEE KAOPUA, SR., Petitioner,
vs.
STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 01-1-0185; NO. 25009; S.P.P. NO. 06-1-0001;
NO. 28907; S.P.P. NO. 09-1-0007; NO. 30079)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of petitioner Herman-Lee Kaopua,
Sr.’s petition for a writ of mandamus, the documents attached
thereto and submitted in support thereof, and the record, it
appears that petitioner fails to demonstrate that he has a clear
and indisputable right to void his conviction and sentence or
that he lacks alternative means to seek 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 appellate court shall
process the petition for a writ of mandamus without payment of
the filing fee.
IT IS HEREBY FURTHER ORDERED that the petition for a
writ of mandamus is denied.
DATED: Honolulu, Hawai#i, June 18, 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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