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TACHIBANA v. STATE

No. 16589.

900 P.2d 1293 (1995)

79 Hawai`i 226

Shigeyuki TACHIBANA, Petitioner-Defendant-Appellee, Cross-Appellant, v. STATE of Hawai`i, Respondent-Appellant, Cross-Appellee.

Supreme Court of Hawai`i.

July 26, 1995.

Attorney(s) appearing for the Case

Ira Leitel, Kamuela, for petitioner-defendant-appellee/cross-appellant.

Daniel A. Morris and S. Gail Robertson, Deputy Attys. Gen., Honolulu, for respondent-appellant/cross-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

KLEIN, Justice.

In 1987, Petitioner Shigeyuki Tachibana was convicted of Theft in the First Degree. On appeal, the conviction was affirmed by this court. State v. Tachibana, 70 Haw. 658, 796 P.2d 1002 (1988) (mem.). In 1990, Tachibana filed a petition for post-conviction relief pursuant to Rule 40 of the Hawai`i Rules of Penal Procedure (HRPP). After a hearing, the third circuit court entered an order on October 5, 1992, granting Tachibana's petition for post...

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