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STATE v. SCHMIDT

No. 13141.

774 P.2d 242 (1989)

STATE of Hawaii, Plaintiff-Appellant, v. Marion SCHMIDT, Defendant-Appellee.

Supreme Court of Hawaii.

May 12, 1989.

Attorney(s) appearing for the Case

Alfred B. Castillo, Jr., First Deputy Pros. Atty., Office of the Pros. Atty., Lihue, for plaintiff-appellant.

Peter Roberts (Galen Nakamura and Susan Barr on the brief), Deputy Public Defenders, Office of the Public Defender, Honolulu, for defendant-appellee.

Before LUM, C.J., and PADGETT, HAYASHI and WAKATSUKI, JJ., and Intermediate Court of Appeals Judge HEEN in place of NAKAMURA, J., recused.

LUM, Chief Justice.

The issue in this appeal is whether the trial court's exclusion of the Deputy Public Defender from the courtroom during the impaneling of the Kauai Grand Jury violated the statutory provisions governing impanelment and warranted dismissal of the indictment against the Defendant. We conclude that the closing of the courtroom during the impanelment of the grand jury constituted a substantial violation of the statutory procedures and that such violation...

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