HUIHUI v. SHIMODA

No. 8563.

644 P.2d 968 (1982)

Henry James HUIHUI, Petitioner, v. Edwin SHIMODA, Acting Director, Oahu Community Correctional Center; State of Hawaii, Real Party in Interest, Respondents.

Supreme Court of Hawaii.

May 17, 1982.


Attorney(s) appearing for the Case

Brook Hart, Peter C. Wolff, Jr., Michael D. Wilson, Hart & Wolff, a Law Corporation, Honolulu, for petitioner.

James H. Dannenberg, Deputy Atty. Gen., and Arthur E. Ross, Peter B. Carlisle, Deputy Prosecuting Attys., Honolulu, for respondents.

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., and Retired Justices OGATA and MENOR assigned by reason of vacancies.


LUM, Justice.

A petition for a writ of habeas corpus presents us, for the first time, with the question of the constitutionality of HRS § 804-3(b)(3) (Supp. 1981), pursuant to which an accused must be denied bail if he is charged with a serious crime for which the proof is evident and the presumption great, where he is already free on bail on a felony charge. The petitioner initially argues that the trial judge erred in finding the proof evident and presumption...

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