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STATE v. FAALAFUA

No. 8758.

686 P.2d 826 (1984)

STATE of Hawaii, Plaintiff-Appellee, v. Sopo FAALAFUA, Liuafi Liuafi, Jr., Sitoe Liuafi, Lepo Uto, Defendants-Appellants, and Iefata K. Meafou, Fiatau Mika, Faiaga Aloalii, Jackson Amperosa and Sepo Scanlan, Defendants.

Supreme Court of Hawaii.

As Amended October 23, 1984.

Attorney(s) appearing for the Case

Philip D. Bogetto, Honolulu, for defendant-appellant Sopo Faalafua.

Ignacio R. Garcia, Honolulu, for defendant-appellant Liuafi Liuafi, Jr.

Paul Alexander Meares, Honolulu, for defendant-appellant Lepo Utu.

Emlyn H. Higa, Deputy Pros. Atty., Honolulu, for plaintiff-appellee State of Hawaii.

Charles S. Lima, Honolulu, on brief, for defendant-appellant Sitoe Liuafi.

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

WAKATSUKI, Justice.

On September 23, 1980, six persons were indicted for the murder of Milton Nihipali, and nine persons were indicted for the attempted murder of Clarence Freitas. These crimes occurred at the Oahu Community Correctional Center in June of 1980.

Trial commenced on November 4, 1981 for the six defendants indicted for murder. During jury selection, following an exchange between the judge and counsel for one of the defendants, Judge Milks disqualified...

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