NO. 24982


IN THE SUPREME COURT OF THE STATE OF HAWAI`I

___________________________________________________________________________________________________

STATE OF HAWAI`I, Petitioner,

vs.

THE HONORABLE RICHARD PERKINS, Judge, Circuit Court
of the First Circuit, State of Hawai`i,
SAPATUMOEESE MALUIA, Real Parties in Interest, Respondent.

___________________________________________________________________________________________________

ORIGINAL PROCEEDING
(CR. NO. 00-1-2154)


ORDER
(By: Moon, C.J., Levinson, Nakayama,
Ramil, and Acoba, JJ.)

Upon consideration of Petitioner State of Hawaii's petition for a writ directed to a judge and for emergency stay of proceedings, the papers in support, and the records and files herein, it appears that Petitioner fails to demonstrate that it is entitled to a writ of mandamus. Therefore,

IT IS HEREBY ORDERED that the petition is denied without prejudice to any remedy Petitioner may have in the pending case and without prejudice to any remedy Petitioner may have pursuant to HRS § 641-13.

DATED: Honolulu, Hawai`i, May 3, 2002.