NO. 30213
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
JASON KELLY ANDREWS, Petitioner,
vs.
THE HONORABLE
ELIZABETH A. STRANCE, JUDGE OF THE CIRCUIT
COURT OF THE
THIRD CIRCUIT, STATE OF HAWAI‘I, Respondent.
ORIGINAL PROCEEDING
(SPP NO.
08-1-4K)
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Jason Kelly Andrews and the
papers in support, it appears that the relief sought by mandamus is the
same relief
sought by petitioner in his pending appeal before the intermediate
court of
appeals in No. 29951. 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.
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 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, December 11, 2009.