State v. Transfiguracion ( 2014 )

Electronically Filed
Supreme Court
SCPW-14-0000565
08-APR-2014
10:54 AM
SCPW-14-0000565
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
STATE OF HAWAI#I, Respondent,
vs.
FAUSTINO TRANSFIGURACION, Petitioner.
ORIGINAL PROCEEDING
(SCWC-11-0000048; CAAP-11-0000048; CR. NO. 09-1-00126K)
ORDER DENYING PETITION FOR WRIT
(By: Recktenwald, C.J., Nakayama, McKenna, and Pollack, JJ., and
Circuit Judge Ayabe, assigned by reason of vacancy)
Upon consideration of petitioner Faustino
Transfiguracion’s letter seeking the court’s assistance in
recovering a letter written by his former wife and in returning
him to Hawai#i, which was filed as a petition for a writ on March
18, 2014, the documents attached thereto and submitted in support
thereof, and the record, it appears that petitioner is not
entitled to an extraordinary writ. Petitioner fails to
demonstrate that he has a clear and indisputable right to the
requested relief and that he lacks alternative means to seek
relief. See Kema v. Gaddis, 91 Hawai#i 200, 204, 982 P.2d 334,
338 (1999) (a writ for extraordinary relief is rarely granted;
such a writ is generally issued only if 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). Therefore,
IT IS HEREBY ORDERED that the clerk of the appellate
court shall process the petition for a writ without payment of
the filing fee.
IT IS HEREBY FURTHER ORDERED that the petition for a
writ is denied.
DATED: Honolulu, Hawai#i, April 8, 2014.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Bert I. Ayabe