Slavick v. Nacino

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Electronically Filed Supreme Court SCPW-17-0000593 21-AUG-2017 07:54 AM SCPW-17-0000593 IN THE SUPREME COURT OF THE STATE OF HAWAI'I CHRISTOPHER LEE SLAVICK, Petitioner, vs. THE HONORABLE EDWIN NACINO, Judge of the Circuit Court of the First Circuit, State of Hawai'i, Respondent Judge, and STATE OF HAWAI'I, Respondent. ORIGINAL PROCEEDING (CR. NO. 01-13-1461) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of petitioner Christopher Lee Slavick’s petition for writ of mandamus, filed on August 7, 2017, and the record, it appears that petitioner fails to demonstrate that he is entitled to the requested writ of mandamus. 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. IT IS HEREBY FURTHER ORDERED that the clerk of the appellate court shall process the petition for writ of mandamus without payment of the filing fee. DATED: Honolulu, Hawai'i, August 21, 2017. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2