Electronically Filed Supreme Court SCPW-14-0001283 10-NOV-2014 10:23 AM

SCPW-14-0001283

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

STATE OF HAWAI'I, Respondent,

vs.

PUNOHU NALIMU KEKAUALUA III, Petitioner.

ORIGINAL PROCEEDING (CASE NO. 5DCC-14-0000081)

ORDER DENYING WITHOUT PREJUDICE PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Upon consideration of the October 3, 2014 letter from

Punohu Nalimu Kekaualua III, received by this court on

October 17, 2014,

IT IS HEREBY ORDERED the letter is deemed a petition

for a writ of mandamus regarding Kekaualua’s pending criminal

trial in the District Court of the Fifth Circuit.

IT IS FURTHER ORDERED that the clerk of the appellate

court shall enter the letter as such a petition, and shall waive

any filing fee.

IT IS FURTHER ORDERED the petition is denied without

prejudice to Mr. Kekaualua seeking appropriate relief, if

necessary, by timely filing an appeal to the Intermediate Court

of Appeals upon entry of judgment in the District Court.

DATED: Honolulu, Hawai'i, November 10, 2014.

/s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson