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Smith v. Circuit Court of the First Circuit
Electronically Filed Supreme Court
SCPW-26-0000175 05-OCT-2026
07:54 AM
Dkt. 16 ODDP
SCPW-26-0000175 IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________ DEXTER J. SMITH, Petitioner,
vs.
CIRCUIT COURT OF THE FIRST CIRCUIT,
STATE OF HAWAI ʻI, Respondent Court, and
CITY AND COUNTY OF HONOLULU, Respondent. ________________________________________________________________
ORIGINAL PROCEEDING
(CASE NO. 1CCV-24-0001303)
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: McKenna, Acting C.J., Eddins, and Ginoza, JJ., and Circuit Judge Cahill, in place of Devens, C.J., recused, and Circuit Judge Kubota, assigned by reason of vacancy) Upon consideration of the petition for writ of mandamus and prohibition filed March 10, 2026, and the record, Petitioner's request for a writ that requires the clerk to file a motion is moot because the motion was filed in the circuit court on June 2, 2026. Also, Petitioner's concerns about the timeliness of a notice of appeal and requests to enter the appellate
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mediation program are more appropriately addressed on appeal. An extraordinary writ is unwarranted. See Barnett v. Broderick,
84 Hawaiʻi 109, 111, 929 P.2d 1359, 1361 (1996); see also Salling
v. Moon, 76 Hawaiʻi 273, 274 n.3, 874 P.2d 1098, 1099 n.3 (1994). It is ordered that the petition is denied.
DATED: Honolulu, Hawaiʻi, October 5, 2026. /s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Peter T. Cahill
/s/ Peter K. Kubota
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