NO. 29416
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
DUKE W. HOLT,
Petitioner,
vs.
THE HONORABLE
RHONDA A. NISHIMURA, JUDGE OF THE CIRCUIT
COURT OF THE
FIRST CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(CR. NO.
06-1-0017)
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the petition for a writ of prohibition -- styled
an "application for a writ of mandamus" -- filed by petitioner Duke W.
Holt and the papers in support, it appears that the matter of
the court-ordered polygraph examination for purposes of the presentence
investigation and report will be reviewable on appeal of the sentence
imposed in the pending sentencing proceeding in Cr. No.
06-1-0017. Petitioner can appeal the sentence pursuant to HRS §
641-11 (Supp. 2007) and he is not entitled to the extraordinary relief
of prohibition. See Kema v. Gaddis, 91 Hawai‘i
200, 204-05, 982 P.2d 334, 338-39 (1999) (A writ of prohibition 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. 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.). Accordingly,
IT IS HEREBY
ORDERED that the petition for a writ of prohibition is denied.
DATED: Honolulu,
Hawai‘i, November 6, 2008.