Legal Opinion

Mayo v. ATTY. GEN., STATE OF HAWAII

District Court, D. Hawaii

Decided December 14, 1981No. Civ. 81-0352PublishedCited by 6 opinions

1Opinion of the Court

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 claim under the Fifth Amendment and hereby grants his petition for a writ of habeas corpus.

FACTS

The Petitioner was indicted for the offenses of rape and kidnapping by a Maui…

2Cases cited8 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. Arizona v. WashingtonSupreme Court of the United States · 1978
  4. United States v. PerezSupreme Court of the United States · 1824
  5. Wade v. HunterSupreme Court of the United States · 1949

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3Cited by6 opinions

  1. State v. MoriwakeHawaii Supreme Court · 1982
  2. State v. LarueHawaii Supreme Court · 1986
  3. State v. Thuan Van LamHawaii Supreme Court · 1993
  4. Mayo v. Attorney GeneralCourt of Appeals for the Ninth Circuit · 1982
  5. Rory Mayo v. Attorney General, State of Hawaii, and Kase Higa, Judge of the Second Circuit, State of HawaiiCourt of Appeals for the Second Circuit · 1982

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