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MATIAS v. STATE

No. 15223.

828 P.2d 281 (1992)

Anita J. MATIAS, Petitioner-Appellee, v. STATE of Hawaii, Respondent-Appellant.

Supreme Court of Hawaii.

March 27, 1992.

Attorney(s) appearing for the Case

Caroline M. Mee, Pros. Atty., City and County of Honolulu, Honolulu, for respondent-appellant.

Peter Van Name Esser, Honolulu, for petitioner-appellee.

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

PADGETT, Justice.

This is an appeal by the State from an order granting a new trial to the appellee on her petition under Hawaii Rules of Penal Procedure (HRPP) 40 for relief on the ground of ineffective assistance of counsel on her original appeal.

The alleged ground of ineffective assistance of counsel is that he failed to contend, on appeal, that appellee's rights had been violated under the State and Federal Constitutions when she was not present during...

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