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CHUNG v. OGATA

No. 5375.

504 P.2d 868 (1972)

Barry CHUNG, Prosecuting Attorney, City and County of Honolulu, State of Hawaii, Petitioner, v. Thomas S. OGATA, Judge, Circuit Court, First Circuit, State of Hawaii, et al.

Supreme Court of Hawaii.

December 19, 1972.

Attorney(s) appearing for the Case

Richard D. Wurdeman, Deputy Prosecuting Atty., Honolulu (Barry Chung, Pros. Atty., Honolulu, of counsel), for petitioner.

Simeon R. Acoba, Jr., Deputy Atty. Gen., Honolulu (George Pai, Atty. Gen., Honolulu, of counsel), for respondent Judge Ogata.

David Bettencourt, Honolulu (Mattoch, Edmunds, Kemper & Brown, Honolulu, of counsel), for respondent Kane.

David Hobler, Deputy Public Defender (Charlotte Libman, Deputy Public Defender, Honolulu, on the memorandum; Donald K. Tsukiyama, Public Defender, Honolulu, of counsel), for respondent Rapanal.

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

LEVINSON, Justice.

This case is here on a petition for a writ of prohibition filed by Barry Chung, prosecuting attorney of the City and County of Honolulu, pursuant to authority conferred under HRS §§ 659-16 and 659-17. Respondents are Judge Thomas S. Ogata, presiding judge of the Circuit Court of the First Judicial Circuit, and Pontiano Rapanal and Henry Kane, defendants under indictment for murder in the first degree now awaiting trial before Judge Ogata...

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