THE
HONORABLE MICHAEL A. TOWN, JUDGE OF THE CIRCUIT COURT OF THE
FIRST CIRCUIT, PETALA
LAKATANI aka PETE LAKATANI, Respondents
Upon consideration of the petition for a writ of prohibition and mandamus and motion to stay order pending review of petition for writ of prohibition and mandamus filed by Petitioner Department of Taxation, State of Hawai`i, the papers in support and opposition, and the records and files herein, it appears that: (1) Petitioner is seeking review of an order denying Petitioner's motion to quash a subpoena requiring the production of tax returns in State v. Lakatani, Cr. No. 05-1-0294, presently pending in the Circuit Court of the First Circuit; (2) Petitioner has a pending appeal from the disputed order; (3) petitions are not intended to take the place of an appeal, see Kema v. Gaddis, 91 Hawai`i 200, 204, 982 P.2d 334, 338 (1999)(citation omitted) (such writs are not intended to supersede the legal discretionary authority of the lower courts, nor are they intended to serve as legal remedies in lieu of normal appellate procedures); and (4) review of the circuit court record shows that the defendant in the underlying criminal case entered a guilty plea on June 1, 2006 and is scheduled for sentencing on August 15, 2006. Therefore,
IT IS HEREBY ORDERED that the petition for a writ of prohibition and mandamus is denied.
IT IS FURTHER ORDERED that the motion to stay order pending review of petition is denied.
DATED: Honolulu, Hawai`i, June 26, 2006.