Kapoua v. State

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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 2

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