State v. Kim

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Electronically Filed Supreme Court SCPW-19-0000541 06-AUG-2019 12:10 PM SCPW-19-0000541 IN THE SUPREME COURT OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Petitioner, vs. THE HONORABLE ROBERT D.S. KIM, Judge of the Circuit Court of the Third Circuit, State of Hawai#i, Respondent Judge, and JAMIE JASON; MALIA KAALANEO LAJALA; KRYSTLE LYNN FERREIRA; JORGE ALLEN PAGAN-TORRES, Respondents. ORIGINAL PROCEEDING (CASE NO. 3CPC-18-0000639) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Upon consideration of petitioner State of Hawai#i’s petition for writ of mandamus, filed on July 29, 2019, the documents attached thereto and submitted in support thereof, and the record, it appears that petitioner is seeking the identical relief in CAAP-19-0000462. Petitioner, therefore, is not entitled to the requested extraordinary writ from this court. 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, inter alia, the petitioner demonstrates a lack of alternative means to redress adequately the alleged wrong or obtain the requested action; a writ of mandamus is not intended to serve as a legal remedy in lieu of normal appellate procedures). Accordingly, IT IS HEREBY ORDERED that the petition for writ of mandamus is denied. DATED: Honolulu, Hawai#i, August 6, 2019. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson 2