(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration
of the petition for a writ of mandamus filed by petitioner Ray Delos
Santos and the papers in support, it appears that petitioner's initial
appearance before the district court on December 10, 2007 was the
appropriate proceeding in which to seek redress from the district
court's finding of probable
cause. Petitioner did not seek redress from the district court at the
December 10, 2007 proceeding and he 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.). Accordingly,
IT IS HEREBY
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, December 12, 2007.