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STATE EX REL. MARSLAND v. SHINTAKU

No. 8472.

640 P.2d 289 (1982)

STATE of Hawaii, ex rel. Charles F. MARSLAND, Jr., Prosecuting Attorney, City and County of Honolulu, State of Hawaii, Petitioner, v. Harold Y. SHINTAKU, Judge of the Seventh Division of the First Circuit Court, State of Hawaii, or his successor in interest of the First Circuit Court, and Charles Stevens, Real Party in Interest, Respondents.

Supreme Court of Hawaii.

February 8, 1982.

Attorney(s) appearing for the Case

Arthur E. Ross, Lila B. LeDuc, Deputy Pros. Attys., Honolulu, for petitioner.

Walter G. Chuck, Renton L.K. Nip, Ward Jones, Honolulu (Walter G. Chuck, a Law Corp., Honolulu), for respondent Harold Y. Shintaku.

David C. Schutter, Judith Ann Pavey, Honolulu (David C. Schutter, a Law Corp., Honolulu, of counsel), for respondent Charles Stevens.

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

PER CURIAM.

Defendant Charles Stevens was indicted by the first circuit grand jury on May 28, 1980, for the murders of Patricia Stevens and Conrad Maesaka on or about April 6, 1978. The March 1981 trial resulted in jury verdicts pronouncing Stevens guilty on both murder counts, prompting Stevens to move for a judgment of acquittal or, in the alternative, for a new trial. Despite a prosecution attempt to prevent Judge Shintaku...

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