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HUTCH v. STATE

No. 25711.

114 P.3d 917 (2005)

107 Hawai`i 411

Eugene James HUTCH, Petitioner-Appellant, v. STATE of Hawai'i, Respondent-Appellee.

Supreme Court of Hawai'i.

June 29, 2005.

Attorney(s) appearing for the Case

Eugene James Hutch, On the briefs, petitioner-appellant, pro se.

Lisa M. Itomura, Deputy Attorney General, State of Hawai'i, On the briefs, for respondent-appellee.

MOON, C.J., LEVINSON, ACOBA, and DUFFY JJ.; With NAKAYAMA, J., concurring separately and dissenting.

Opinion of the Court by ACOBA, J.

Petitioner-Appellant pro se Eugene Hutch (Appellant) appeals from a March 13, 2003 order of the circuit court of the first circuit (the court)1 denying his Hawai'i Rules of Penal Procedure (HRPP) Rule 40 petition for post-conviction relief to vacate, set aside, or correct judgment or to release Appellant from custody. We vacate that part of the order relating to Appellant's "lockdown" in a special...

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