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STOW v. MURASHIGE

Civil No. 02-00766 SOM/KSC.

288 F.Supp.2d 1122 (2003)

Steven Donald STOW, Petitioner, v. Albert MURASHIGE, Warden, Maui Community Correctional Center, Respondent.

United States District Court, D. Hawai`i.

October 20, 2003.

Attorney(s) appearing for the Case

Peter C. Wolff, Shanlyn A.S. Park, Office of the Federal Public Defenders, Honolulu, HI, for petitioner.

Simone C. Polak, Richard K. Minatoya, Department of the Prosecuting Attorney, Davelynn M. Tengan, Department of the Corporation Counsel, County of Maui, Wailuku, HI, for respondents.

ORDER ADOPTING AND SUPPLEMENTING AMENDED FINDINGS AND RECOMMENDATION THAT PETITIONERS' 28 U.S.C. § 2254 PETITION BE GRANTED; ORDER GRANTING PETITIONER'S 28 U.S.C. § 2254 PETITION

MOLLWAY, District Judge.

The Fifth Amendment to our nation's Constitution declares, "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb." The law is no respecter of persons; the Double Jeopardy Clause is a fundamental...

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