Slavick v. State

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Electronically Filed Supreme Court SCPW-21-0000073 26-FEB-2021 08:34 AM Dkt. 5 ODDP SCPW-21-0000073 IN THE SUPREME COURT OF THE STATE OF HAWAI#I CHRIS SLAVICK, Petitioner vs. STATE OF HAWAI#I, Respondent. ORIGINAL PROCEEDING (CAAP-20-0000076; CASE NO. 1PR191000014) ORDER DENYING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.) Upon consideration of petitioner Christopher Lee Slavick’s “Motion for Release of Prisoner Pending Disposition of Application for Habeas Corpus,” which was filed as a petition for writ of mandamus on February 17, 2021, and the record, it appears that petitioner fails to present any basis upon which he is entitled to be released from custody by this court, and has alternative means to seek relief, including seeking release from the Hawai#i Paroling Authority, as provided by law. Petitioner, therefore, is not entitled to the requested extraordinary writ. 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, February 26, 2021. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Michael D. Wilson /s/ Todd W. Eddins 2

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