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FRAGIAO v. STATE

No. 22636.

18 P.3d 915 (2000)

95 Hawai`i 53

Manuel FRAGIAO, Petitioner-Appellant, v. STATE of Hawai`i, Respondent-Appellee.

Intermediate Court of Appeals of Hawai`i.

Certiorari Granted September 8, 2000.

Attorney(s) appearing for the Case

Robert J. Crudele, Brian J. De Lima, and Howard H. Shiroma, on the briefs, for Petitioner-Appellant.

Simone C. Polak, Deputy Prosecuting Attorney, County of Hawai`i, on the briefs, for Respondent-Appellee.

BURNS, C.J., WATANABE and LIM, JJ.

Opinion of the Court by BURNS, C.J.

Petitioner-Appellant Manuel Fragiao (Fragiao) appeals the circuit court's May 25, 1999 Findings of Fact, Conclusions of Law and Order Denying Petition for Post-Conviction Relief (Rule 40, [Hawai`i Rules of Penal Procedure (HRPP)]) (May 25, 1999 FsOF, CsOL and Order).

We conclude that defense counsel's representation of Fragiao was constitutionally ineffective because (1) a relationship giving rise to a conflict of interest...

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