Graham v. First Circuit Court ( 2022 )

Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
15-JUL-2022
08:30 AM
Dkt. 5 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GARRETH A. GRAHAM, Petitioner,
vs.
FIRST CIRCUIT COURT, STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING
(CASE NO. 1CPN-XX-XXXXXXX)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)
Upon consideration of petitioner Garreth A. Graham’s
petition for writ of mandamus, filed July 6, 2022, the documents
attached and submitted in support, and the record, the circuit
court’s findings of fact and conclusions of law are within the
January 28, 2022 order dismissing Graham’s Hawai#i Rules of Penal
Procedure (HRPP) Rule 40 petition, and Graham has alternative
means to seek relief by making an appropriate request in the
circuit court. See HRPP Rule 49(d) (“A party who has failed to
receive due notice or to be served, or who has been prejudiced by
reason that service was made by mail or facsimile transmission,
may apply to the court for appropriate relief.”). An
extraordinary writ is thus not warranted. See Kema v. Gaddis, 91
Hawai#i 200, 204, 982 P.2d 334, 338 (1999) (observing that 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); Barnett v.
Broderick, 84 Hawai#i 109, 111, 929 P.2d 1359, 1361 (1996)
(observing that mandamus relief is available to compel an
official to perform a duty allegedly owed to an individual only
if the individual’s claim is clear and certain, the official’s
duty is ministerial and so plainly prescribed as to be free from
doubt, and no other remedy is available). Accordingly,
It is ordered that the petition for writ of mandamus is
denied.
It is further ordered that the appellate court clerk
shall process the petition without payment of the filing fee.
DATED: Honolulu, Hawai#i, July 15, 2022.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Michael D. Wilson
/s/ Todd W. Eddins
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