Legal Opinion
Kaua v. Frank
District Court, D. Hawaii
Decided December 9, 2004No. Civ. 03-00432 SOM/BMKPublishedCited by 21 opinions
1Opinion of the Court
ORDER GRANTING PETITIONER’S 28 U.S.C. § 2251 PETITION TO VACATE EXTENDED SENTENCE
MOLLWAY, District Judge.
I. INTRODUCTION.
Petitioner Wayman Kaua challenges an extended sentence imposed on him by a state judge pursuant to the state law in effect at the time he was sentenced. Following the imposition of his sentence, but before his judgment of conviction and sentence became final, the United States Supreme Court decided Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). After the Hawaii Supreme Court affirmed his judgment of conviction and sentence, Kaua moved to…
2Cases cited27 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Williams v. TaylorSupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Teague v. LaneSupreme Court of the United States · 1989
22 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. RiveraNew York Court of Appeals · 2005
- State v. RiveraHawaii Supreme Court · 2004
- State v. KahapeaHawaii Supreme Court · 2006
- State v. GonsalvesHawaii Supreme Court · 2005
- O'NEILL v. StateNevada Supreme Court · 2007
16 more not listed; retrieve them via the Exa API.