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Kaopua v. State

Supreme Court of Hawaii

June 18, 2013

HERMAN LEE KAOPUA, SR., Petitioner,
v.
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)

Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

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.


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