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STATE v. RODRIGUES

No. 7648.

629 P.2d 1111 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. Donald RODRIGUES, Defendant-Appellant. and STATE of Hawaii, Plaintiff-Appellee, v. Robert Lee DILLARD, Jr., and Dexter Taro Ono, also known as Kelley Fujimoto, Defendants-Appellants.

Supreme Court of Hawaii.

June 16, 1981.

Attorney(s) appearing for the Case

Gail Nakatani, Deputy Public Defender, Honolulu, for defendants-appellants.

Ronald Ibarra, Deputy Pros. Atty., Hilo, for plaintiff-appellee.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

OGATA, Justice.

These three consolidated appeals present the question whether Article I, § 11 of the Hawaii State Constitution which creates the position of an independent counsel to advise the grand jury is (1) self-executing and (2) supplements the due process rights of an accused. Each of the appellants was indicted after the amendment was proposed by the Hawaii Constitutional Convention and ratified by the voters on November 7, 1978, but before Act 209

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