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STOW v. MURASHIGE

No. 03-17036.

389 F.3d 880 (2004)

Steven Donald STOW, Petitioner-Appellee, v. Albert MURASHIGE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2004.

Attorney(s) appearing for the Case

Davelynn M. Tengan and Simone C. Polak, Department of the Prosecuting Attorney, Maui, HI, for the respondent-appellant.

Peter C. Wolff, Jr., Federal Public Defender, Honolulu, HI, for the petitioner-appellee.

Before FERNANDEZ, PAEZ, and RAWLINSON, Circuit Judges.

PAEZ, Circuit Judge.

Steven Donald Stow's petition for habeas relief presents a novel factual situation concerning the application of the Double Jeopardy Clause of the Fifth Amendment. After being tried in Hawaii state court for attempted murder arising out of Stow's alleged separate machete attacks of two homeless men over disputes involving alcohol, the jury returned a verdict of guilty on the charge of attempted first degree murder. The jury also returned "Not...

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