Background
Delton Avilla filed a document in the Hawaii Supreme Court on April 23, 2026, which the court construed as a petition for an extraordinary writ. The petition arose out of an underlying criminal matter pending in the circuit court, Case No. 1CPC-25-0000946.
Avilla sought relief directly from the state’s highest court through an original proceeding rather than pursuing available remedies in the lower court. The Supreme Court considered the petition and the record before issuing its ruling.
The Court’s Holding
The Supreme Court, in an order signed by Chief Justice Devens, Justices McKenna, Eddins, and Ginoza, and Circuit Judge Remigio sitting by assignment, denied the petition without prejudice. The court held that an extraordinary writ was unwarranted, citing Womble Bond Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537 P.3d 1154, 1166 (2023).
The denial was expressly without prejudice, and the court noted that Avilla may seek dismissal — or other appropriate relief — in the circuit court, indicating that adequate lower-court remedies remain available to him.
Key Takeaways
- The Hawaii Supreme Court denied the extraordinary writ petition because the petitioner failed to demonstrate that such relief was warranted under the standard set in Womble Bond Dickinson (US) LLP v. Kim.
- The denial was without prejudice, preserving Avilla’s ability to seek relief in the circuit court where the underlying criminal case (1CPC-25-0000946) is pending.
- The court treated the filed document as a writ petition even though it may not have been labeled as such, reflecting the court’s practice of construing pro se filings liberally.
Why It Matters
This brief order reaffirms the Hawaii Supreme Court’s limited and discretionary use of its extraordinary writ jurisdiction. Litigants with available remedies in the circuit court will not be permitted to bypass the normal appellate process by petitioning the high court directly.
For criminal defendants and practitioners, the decision underscores that extraordinary writs are a narrow remedy of last resort in Hawaii — the appropriate forum for dismissal motions and other pretrial relief remains the circuit court handling the underlying case.