NO. 29459
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
ZACHARY CHINCIO, Petitioner,
vs.
CIRCUIT COURT
OF THE FIRST CIRCUIT, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Zachary Chincio's papers dated October 19, 2008,
which are deemed a petition for a writ of
mandamus, it appears that petitioner can seek relief from his
conviction in Cr. No. 00-1-2483 by filing a petition for
post-conviction relief in the circuit court pursuant to Hawai‘i Rules
of Penal Procedure Rule 40. 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.). Accordingly,
IT IS HEREBY
ORDERED that the clerk of the appellate court shall file the petition
for a writ of mandamus without
payment of the filing fee.
IT IS FURTHER
ORDERED that the petition for a writ of mandamus is denied.
DATED: Honolulu,
Hawai‘i, November 12, 2008.