TOLEDO v. LAM

No. 9647.

675 P.2d 773 (1984)

Gertrude TOLEDO, Petitioner, v. Gerald LAM, Judge, District Court, First Circuit, State of Hawaii, and State of Hawaii, Real Party in Interest, Respondents.

Supreme Court of Hawaii.

January 25, 1984.


Attorney(s) appearing for the Case

John Edmunds, Honolulu, for petitioner.

Peter Van Name Esser, Deputy Pros. Atty., City and County of Honolulu, Honolulu, for respondents.

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


PADGETT, Justice.

In this case the petition is called a petition for prohibition but the relief sought is both prohibitory and mandatory. The petitioner is the defendant in a preliminary hearing on a charge of murder. The respondent is the district judge hearing that proceeding.

Petitioner raises three grounds for relief. First, she claims that because the prosecution had gone to a grand jury and presented its case (in the interval between the filing of the...

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