Kim v. Wilson (Order)

NO. 28229

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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KYONG HO KIM, Petitioner

vs.

THE HONORABLE MICHAEL D. WILSON,
Judge of the First Circuit Court, Respondent

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ORIGINAL PROCEEDING

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

Upon consideration of the petition for a writ of mandamus filed by petitioner Kyong Kim and the papers in support, it appears that petitioner has a right to appeal if he is convicted in Cr. No. 05-1-0213. If petitioner is convicted, the respondent judge's refusal to substitute retained counsel for appointed counsel is reviewable on appeal from the judgment of conviction entered in Cr. No. 05-1-0213, petitioner will have a remedy by way of appeal from the judgment of conviction and a writ of mandamus is not intended to take the place of an appeal. Therefore,

IT IS HEREBY ORDERED that the petition for a writ of mandamus is denied without prejudice to any remedy petitioner may have by way of appeal.

DATED: Honolulu, Hawai`i, November 8, 2006.

Randall Oyama
for petitioner
on the petition