Electronically Filed
Supreme Court
SCPW-17-0000515 SCPW-17-0000515
05-JUL-2017
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
12:56 PM
JOHN WAGNER, Petitioner,
vs.
COURT DOCUMENT/RECORD CLERK, FIRST CIRCUIT COURT LEGAL
DOCUMENT BRANCH; COURT DOCUMENT/RECORD CLERK, THIRD CIRCUIT
COURT LEGAL DOCUMENT SECTION; COURT DOCUMENT/RECORD CLERK,
DISTRICT COURT OF THE THIRD CIRCUIT, Respondents.
ORIGINAL PROCEEDING
(CR. NO. 11-1-001K)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner John Wagner’s petition
for writ of mandamus, filed on June 27, 2017, the documents
attached thereto and submitted in support thereof, and the
record, it appears that, on May 4, 2017, this court issued a
published opinion vacating the ICA’s judgment, which affirmed the
underlying conviction and sentence, and remanding the matter to
the circuit court for a new trial. Petitioner may therefore seek
relief, as appropriate, in the circuit court proceeding. 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 petition for writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, July 5, 2017.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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