State v. Slavick

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Electronically Filed Supreme Court SCPW-12-0001124 23-JAN-2013 02:04 PM SCPW-12-0001124 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Respondent, vs. CHRISTOPHER LEE SLAVICK, Petitioner. ORIGINAL PROCEEDING (CR. NO. 04-1-1534) ORDER DENYING PETITION FOR WRIT OF PROHIBITION (By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.) Upon consideration of petitioner Christopher Lee Slavick s petition for a writ of prohibition, which was filed on December 28, 2012, and the record, it appears that petitioner fails to demonstrate a clear and indisputable right to the requested relief and a lack of alternative means to obtain such relief. See Honolulu Advertiser, Inc. v. Takao, 59 Haw. 237, 241, 580 P.2d 58, 62 (1978) (a writ of prohibition 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; such a writ is not intended to supersede the legal discretionary authority of the trial courts, cure a mere legal error or serve as a legal remedy in lieu of normal appellate procedure). Accordingly, IT IS HEREBY ORDERED that the petition for a writ of prohibition is denied. DATED: Honolulu, Hawai#i, January 23, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack 2

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