NO. 28885
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
FRANK J.
SANTIAGO, Petitioner,
vs.
THE HONORABLE
DERRICK H. M. CHAN, JUDGE OF THE CIRCUIT
COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(CR. NO. 01-1-2230)
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Frank J. Santiago's "writ of mandamus for entire
transcripts of Cr. No. 01-1-2230", which is
deemed a petition for a writ of mandamus, it appears that petitioner
does not have a statutory or constitutional right to free
transcripts of Cr. No. 01-1-2230 to aid petitioner in preparing a
petition for collateral relief. See HRS § 802-7
(1993);
United States v. MacCollom,
426 U.S. 317, 323-28 (1976). Therefore, petitioner is not entitled to
mandamus 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.).
Therefore,
IT IS HEREBY
ORDERED that the clerk of the appellate court shall file petitioner's
papers as a petition for a writ of
mandamus without payment of the filing fees.
IT IS FURTHER
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, December 10, 2007.