Huihui v. Shimoda

OPINION OF THE COURT BY

LUM, J.

A petition for a writ of habeas corpus presents us, for the first time, with the question of the constitutionality of HRS § 804-3(b)(3) (Supp. 1981), pursuant to which an accused must be denied bail if he is charged with a serious crime for which the proof is evident and the presumption great, where he is already free on bail on a felony-charge. The petitioner initially argues that the trial judge erred in finding the proof evident and presumption great that petitioner committed the crimes for which he was charged, and additionally seeks our examination of the…