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CARVALHO v. OLIM

No. 5442.

519 P.2d 892 (1974)

John Edward CARVALHO, Petitioner-Appellee, v. Antone OLIM, Superintendent, Hawaii State Prison, Respondent-Appellant.

Supreme Court of Hawaii.

March 6, 1974.

Attorney(s) appearing for the Case

Gerald Y.Y. Chang, Deputy Atty. Gen., Honolulu (George Pai, Atty. Gen., of counsel; Benjamin M. Matsubara, Deputy Atty. Gen., with him on the brief), for respondent-appellant.

David W. Hall, Honolulu (Hart, Sherwood, Leavitt, Blanchfield & Hall, Honolulu, of counsel), for petitioner-appellee.

Before RICHARDSON, C.J., and LEVINSON, KOBAYASHI and OGATA, JJ., and VITOUSEK, Circuit Judge, assigned temporarily by reason of vacancy.

KOBAYASHI, Justice.

This appeal arises out of a petition for writ of habeas corpus by John Edward Carvalho filed in the circuit court of the first circuit, State of Hawaii. The circuit court issued a writ of coram nobis on the ground that the State had failed to prove that petitioner voluntarily and understandingly waived his right to counsel. The petitioner was ordered transferred from the prison to the Honolulu jail to await further proceedings on the original...

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