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CARVALHO v. STATE

No. 17387.

914 P.2d 1378 (1996)

81 Hawai`i 185

Eric CARVALHO, Petitioner-Appellant, v. STATE of Hawai`i, Respondent-Appellee. STATE of Hawai`i, Plaintiff, v. Eric CARVALHO, Defendant.

Intermediate Court of Appeals of Hawai`i.

April 12, 1996.

Attorney(s) appearing for the Case

Keith Tanaka (Matthew N. Padgett and Elizabeth B. Padgett; Padgett and Padgett, of counsel, on the brief), Wailuku, Maui, for petitioner-appellant.

Robert K. Kekuna, Jr., Deputy Prosecuting Attorney, County of Maui, on the brief, Wailuku, Maui, for respondent-appellee.

Before BURNS, C.J., and WATANABE and ACOBA, JJ.

WATANABE, Judge.

The sole issue presented by this appeal is whether Petitioner-Appellant Eric Carvalho (Petitioner) was entitled to an evidentiary hearing on his Hawai`i Rules of Penal Procedure (HRPP) Rule 40 Petition to Vacate, Set Aside, or Correct Judgment or to Release [Him] from Custody (Petition). The second circuit court, concluding that the grounds for post-conviction relief alleged in the Petition were "patently...

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