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LINCOLN v. STATE

No. 9169.

670 P.2d 1263 (1983)

John K. LINCOLN, Petitioner-Appellant, v. STATE of Hawaii, Respondent-Appellee.

Supreme Court of Hawaii.

September 26, 1983.

Attorney(s) appearing for the Case

Eric A. Seitz, Honolulu, on briefs, for petitioner-appellant.

Shirley Smith, Deputy Pros. Atty., Honolulu, for respondent-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

PADGETT, Justice.

This is an appeal from an order denying and dismissing a petition for post-conviction relief. The petition was brought after a final judgment in a criminal proceeding on the ground of newly discovered evidence pursuant to Rule 40(a)(1)(iv) of the Hawaii Rules of Penal Procedure (HRPP). We do not reach the merits of the order because it was entered without affording appellant a hearing. Rule 40(f), HRPP, provides:

Hearings. If a petition...

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