Blaisdell v. Department of Public Safety

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NO. 30170 IN THE SUPREME COURT OF THE STATE OF HAWAI#I RICHARD BLAISDELL, Petitioner, vs. DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI#I, Respondent. ORIGINAL PROCEEDING (SPP NO. 08-1-0041) ORDER (By: Moon, C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.) Upon consideration of the petition for a writ of mandamus filed by petitioner Richard Blaisdell and the papers in support, it appears that petitioner fails to demonstrate a clear and indisputable right to relief. entitled to mandamus relief. Therefore, petitioner is not See HRS § 602-5(3) (Supp. 2008) (The supreme court has jurisdiction and power to issue writs of mandamus directed to public officers to compel them to fulfill the duties of their offices.); In Re Disciplinary Bd. Of Hawaii Supreme Court, 91 Hawai#i 363, 368, 984 P.2d 688, 693 (1999) (Mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual s claim is clear and certain, the official s duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available.). It further appears that issuance of a declaratory judgment is not within the original jurisdiction of the supreme court. See HRS §§ 602-5 (Supp. 2008) and 632-1 (1993). Accordingly, IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied. DATED: Honolulu, Hawai#i, December 14, 2009. 2

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