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RUSSELL v. BLACKWELL

No. 5032.

492 P.2d 953 (1972)

William Lino RUSSELL, Petitioner-Appellant, v. Olin G. BLACKWELL, Warden, U. S. Penitentiary, Atlanta, Georgia, Respondent-Appellee.

Supreme Court of Hawaii.

January 3, 1972.

Attorney(s) appearing for the Case

James Blanchfield, Deputy Public Defender, Honolulu (Andrea Levin, Deputy Public Defender, and Brook Hart, Public Defender, with him on briefs), for petitioner-appellant.

E. John McConnell, Jr., Deputy Atty. Gen., Honolulu (Bertam T. Kanbara, Atty. Gen., with him on brief), for respondent-appellee.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and MENOR, Circuit Judge, for KOBAYASHI, J., disqualified.

RICHARDSON, Chief Justice.

The broad question in this case is whether the Circuit Court wrongfully denied petitioner Russell's application for writ of habeas corpus. We hold that the Circuit Court properly denied petitioner's application for habeas corpus relief and petitioner's request for an evidentiary hearing on the merits of his application.

William Russell was charged in 1964 with murder in the first degree and robbery in the second degree. In June,...

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