NO. 30118
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
HERBERT H. BROWN, Petitioner,
vs.
THE HONORABLE
STEVEN S. ALM, JUDGE OF THE CIRCUIT COURT
OF THE FIRST
CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(CR. NO.
03-1-0926)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the petition for a writ of mandamus and/or
prohibition filed by petitioner Herbert H. Brown and the
papers in support, it appears that the petition effectively seeks a
writ of mandamus directing the respondent judge to vacate
the denials of petitioner's motions that challenged the circuit court's
jurisdiction over Cr. No. 03-1-0926 and challenged
the constitutionality of HRS § 706-662 (Supp. 2008). Petitioner
fails to demonstrate a clear and indisputable right to relief.
Therefore, petitioner is not entitled to mandamus relief. See HRS §
603-21.5(b)(1) (1998); 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 process 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 3, 2009.