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STATE v. MITAKE

No. 7358.

619 P.2d 1078 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Yutaka MITAKE, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

Dissenting Opinion November 18, 1980.

Reconsideration Denied December 3, 1980.

Certiorari Granted December 24, 1980.

Attorney(s) appearing for the Case

Richard Pollack, Deputy Public Defender, Honolulu, for defendant-appellant.

Christine Kurashige, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before PADGETT, Acting C.J., BURNS, J., and Circuit Judge ACOBA in Place of Chief Judge HAYASHI, disqualified.

PADGETT, Judge.

Appellant, after a jury trial, was convicted of the crime of Theft in the First Degree. He contends here that the identification made of him at trial by five witnesses was the result of constitutionally impermissibly suggestive lineup. He further contends that if it is held that he has not sufficiently shown that the identification arose out of an impermissibly suggestive lineup, that his failure to so show arises from the refusal of the trial court...

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