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ALO v. OLIM

No. 79-2692.

639 F.2d 466 (1980)

Fuiavailili Tapua ALO, Petitioner-Appellee, v. Antone OLIM, Individually and in his capacity as Superintendent of the Hawaii State Prison, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 27, 1980.

Attorney(s) appearing for the Case

Wayne Minami, Atty. Gen., George H. Yamamoto, Deputy Atty. Gen., Honolulu, Hawaii, on brief, for respondent-appellant.

Marie N. Milks, Deputy Public Defender, Honolulu, Hawaii, on brief, for petitioner-appellee.

Before CHOY and FLETCHER, Circuit Judges, and EAST, District Judge.

CHOY, Circuit Judge:

The district court, 477 F.Supp. 133, granted Alo's petition for a writ of habeas corpus on the ground that his cross-examination at trial violated his constitutional right to due process. We affirm.

I. Facts

Alo was charged with attempting to murder his girl friend. At the trial the victim testified that they had quarreled, that he shouted obscenities at her and kicked her in the face...

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