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December 17, 2004

Hawaii Apprendi habeas decision

Thanks to a friend in Hawaii, I can now provide for downloading the Hawaii opinion, previously noted here, of US District Judge Susan Oki Mollway in Kaua v. Frank, Civ. No. 03-00432 (D. Haw. Dec. 9, 2004), in which the defendant was granted a reduction of a state sentence to 20 years.  Here's the opening paragraph:

This § 2254 petition presents the question of whether Kaua's extended sentence of incarceration violates Apprendi. This court concludes that Kaua's extended sentence clearly violates Apprendi, and that the extended sentence was based on an unreasonable application of Apprendi. This court therefore grants Kaua's § 2254 petition.

Download kaua_ruling.pdf

December 17, 2004 at 03:09 PM | Permalink

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Comments

This is the kind of decision of that we appreciate: a decision that involves a collateral attack where the litigant (moving party) is actually successful in some showing of Blakely/Apprendi error.

Center for Equal Rights, Inc.
Ronald L. Humphreys, Director

Posted by: Center for Equal Rights, Inc. | Dec 17, 2004 9:48:28 PM

I am a student getting by B.S. in Criminal Justice.

Posted by: Bernadette Inanloo | Oct 10, 2005 6:04:31 PM

VERY INTERESTING DECISION. NOTICE THAT THE COURT ALLOWS IT TO APPLY RETROACTIVELY. THIS IS A HUGE DECISION. I AM A SENIOR PARALEGAL WITH WWW.FOUNDATIONFORINNOCENCE.COM

Posted by: MONTE BOYD | Jan 21, 2006 1:05:49 AM

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