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United States Ninth Circuit


Kaua v. Frank, 05-15059

Grant of a petition for a writ of habeas corpus regarding an extended sentence imposed by the sentencing court for offenses connected to a hostage standoff is affirmed where, under Apprendi, a jury was required to make a finding that an extended sentence was necessary to protect the public in defendant's case.

Appellate Information

  • Argued 12/05/2005
  • Decided 01/11/2006
  • Published 01/11/2006

Judges

  • T.G. NELSON, Circuit Judge., Before TROTT, T.G. NELSON, and PAEZ, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Peter B. Carlisle, Prosecuting Attorney, and Loren J. Thomas, Deputy Prosecuting Attorney, Honolulu, HI, for the respondents-appellants., Peter C. Wolff, Jr., Federal Public Defender, Honolulu, HI, for the petitioner-appellee.
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