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TAMAPUA v. SHIMODA

No. 85-2661.

796 F.2d 261 (1986)

Ionatana TAMAPUA, Petitioner-Appellant, v. Edwin SHIMODA and the Attorney General of the State of Hawaii, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1986.

As Modified on Denial of Rehearing and Rehearing October 21, 1986.

Attorney(s) appearing for the Case

Earle A. Partington, Honolulu, Hawaii, for petitioner-appellant.

Peter M. Wilkens, Honolulu, Hawaii, for respondents-appellees.

Before WALLACE, HUG and KOZINSKI, Circuit Judges.

As Modified on Denial of Rehearing and Rehearing En Banc October 21, 1986.

KOZINSKI, Circuit Judge.

We review the district court's denial of a petition for a writ of habeas corpus filed by a state prisoner. Because we find that the conviction in this unusual case is unsupported by the evidence, we reverse.

Facts

Ionatana Tamapua was indicted by a Hawaii grand jury on the charge of theft in the first degree. The indictment alleged that Tamapua...

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