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BATES v. HAWKINS

No. 5084.

478 P.2d 840 (1970)

Jesse James BATES and William Kalani Medeiros, Jr., Petitioners, v. The Honorable Allen R. HAWKINS, as Judge of the First Circuit Court of the State of Hawaii, and Captain George Kishi, as Superintendent of Halawa Jail, Respondents.

Supreme Court of Hawaii.

December 29, 1970.

Attorney(s) appearing for the Case

David C. Schutter, Honolulu, for Bates.

James T. Leavitt, Jr., Deputy Public Defender, Honolulu, for Medeiros.

William H. Yim and E. John McConnell, Jr., Deputy Attys. Gen., for Judge Hawkins.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON, JJ., and WONG, Circuit Judge, in place of KOBAYASHI, J., absent on account of illness.

MARUMOTO, Justice.

Petitioners, Jesse James Bates and William Kalani Medeiros, Jr., are under indictment for first degree murder in Criminal No. 41618 of the first circuit court.

In the circuit court, petitioners moved for release on bail under HRS § 709-3, which mandates such release, except for offenses punishable by imprisonment for life not subject to parole "when proof is evident or the presumption great."

The court denied the motion at a...

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