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BATES v. OGATA

No. 5107.

482 P.2d 153 (1971)

Jesse James BATES, Petitioner, v. The Honorable Thomas S. OGATA, 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.

March 8, 1971.

Attorney(s) appearing for the Case

David C. Schutter, Honolulu, for petitioner.

Jack C. Morse and E. John McConnell, Jr., Deputy Attys. Gen., for respondent Judge Ogata.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

MARUMOTO, Justice.

Petitioner Jesse James Bates comes here on his second petition for habeas corpus based on a denial by the circuit court of his release on bail. He was here previously when he was under indictment for the first degree murder of Herman Harper Marfil in Criminal No. 41618 of the first circuit court and the circuit court denied his release on bail without holding any evidentiary hearing although he sought one. On that occasion we entered an order directing...

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