1. Home
  2. Browse Decisions
  3. P.3d
  4. 184 P.3d
  5. 184 P.3d 133 (2008)
 

STATE v. JESS

No. 28483.

184 P.3d 133 (2008)

STATE of Hawai'i, Plaintiff-Appellant, v. Brian JESS, Defendant-Appellee.

Supreme Court of Hawaii.

As Corrected April 4, 2008.

Reconsideration Denied April 18, 2008.

Attorney(s) appearing for the Case

Mark J. Bennett, Attorney General, (Dorothy Sellers, Solicitor General, Girard D. Lau, First Deputy Solicitor, General, and Kimberly, Tsumoto Guidry, Deputy, Solicitor General, on the briefs), for amicus curiae State of Hawai`i.

David Glenn Bettencourt, Honolulu, for the defendant-appellee, Brian Jess.

Daniel H. Shimizu, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellant State of Hawai`i.

Tracy Murakami, Deputy Prosecuting Attorney, on the briefs, for amicus curiae Prosecuting Attorney, County of Kaua`i.

Richard K. Minatoya, Deputy Prosecuting Attorney, for amicus curiae Benjamin Acob, Attorney, County of Maui.

MOON, C.J., LEVINSON, and DUFFY, JJ., NAKAYAMA, J., Concurring and Dissenting Separately, and ACOBA, J., Dissenting Separately.

Opinion of the Court by LEVINSON, J.

On October 6, 2004, the defendant-appellee Brian Jess filed a 28 U.S.C. § 2254 (1996)1 petition for a writ of habeas corpus in the United States District Court for the District of Hawai`i. In his petition, Jess alleged that the extended term sentence that the circuit court of the first circuit, the Honorable Victoria S. Marks presiding, imposed upon him on May 7, 2001,2

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases