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MAYO v. ATTY. GEN., STATE OF HAWAII

Civ. No. 81-0352.

528 F.Supp. 833 (1981)

Rory MAYO, Petitioner, v. ATTORNEY GENERAL, STATE OF HAWAII, and Kase Higa, Circuit Judge of the Second Circuit, State of Hawaii, Respondents.

United States District Court, D. Hawaii.

December 14, 1981.

Attorney(s) appearing for the Case

Earle A. Partington, Schweigert & Associates, Honolulu, Hawaii, for petitioner.

James H. Dannenberg, Deputy Atty. Gen., Tany S. Hong, Atty. Gen., State of Hawaii, Honolulu, Hawaii, for respondents.

DECISION AND ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

SAMUEL P. KING, Chief Judge.

Petitioner Mayo seeks issuance of a writ of habeas corpus declaring his conviction for rape in the Circuit Court of the Second Circuit of Hawaii was obtained in violation of his rights under the double jeopardy clause of the Fifth Amendment to the Constitution of the United States.1

This Court finds that the Petitioner has a valid...

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