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SAPIENZA v. HEEN

No. 6246.

554 P.2d 1128 (1976)

Maurice SAPIENZA, Prosecuting Attorney, City and County of Honolulu, State of Hawaii, Petitioner, v. Walter M. HEEN, Judge, Circuit Court, First Circuit, State of Hawaii, and Brook Hart, Respondents.

Supreme Court of Hawaii.

September 29, 1976.

Attorney(s) appearing for the Case

Randolph Slaton, Deputy Pros. Atty., Maurice Sapienza, Pros. Atty., City and County of Honolulu, Honolulu, for petitioner.

Michael Lilly, Deputy Atty. Gen., Ronald Y. Amemiya, Atty. Gen., State of Hawaii, Honolulu, for Judge Walter M. Heen, respondent.

David Hall and William S. Hunt, Hart, Leavitt & Hall, Honolulu, for Brook Hart, respondent.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

PER CURIAM.

The Prosecuting Attorney for the City and County of Honolulu (Prosecutor) has applied in this court for a writ of prohibition against Judge Heen of the first judicial circuit, to prohibit the enforcement of an order issued by Judge Heen on June 14, 1976 in the course of a criminal trial. A witness for the defendant in that trial had stated to Judge Heen, out of the jury's hearing, that defense counsel, Mr. Hart, had bribed her. Hart then moved that a temporary...

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