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IAEA v. SUNN

No. 84-2196.

800 F.2d 861 (1986)

Jonah IAEA, Petitioner-Appellant, v. Franklin SUNN, Director of the Department of Social Services, State of Hawaii, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1986.

Attorney(s) appearing for the Case

Michael R. Levine, Federal Public Defender, Honolulu, Hawaii, for petitioner-appellant.

Michael Lilly, Atty. Gen., Charles F. Marsland, Jr. and Shirley Smith, Honolulu, Hawaii, for respondents-appellees.

Before FLETCHER, BOOCHEVER and NORRIS, Circuit Judges.

FLETCHER, Circuit Judge:

Petition for rehearing is granted. The opinion filed October 28, 1985 is withdrawn.

Jonah Iaea filed a federal habeas corpus petition to challenge the validity of his guilty plea in Hawaii state court. He claims that he entered the plea without effective assistance of counsel and that he did not enter it voluntarily or intelligently. The district court denied the petition. Because we find that the performance of Iaea's counsel was...

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