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.