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Wagner v. Office of Public Defender

Supreme Court of Hawaii

June 26, 2013

JOHN WAGNER, Petitioner,
v.
OFFICE OF THE PUBLIC DEFENDER and BETSY STUELKE, Respondents.

ORIGINAL PROCEEDING (CR. NO. 04-1-305K)

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

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

Upon consideration of petitioner John Wagner's petition for a writ of mandamus, filed May 30, 2013, and the record, it appears that petitioner has alternative means to seek relief and, therefore, is not entitled to a 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) . Therefore,

IT IS HEREBY ORDERED that the clerk of the appellate court shall process the petition for a writ of mandamus ...


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