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.