State v. Town (Order Denying Petition for a Writ Directed to a Judge)

NO. 27730

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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STATE OF HAWAI`I, Petitioner,

vs.

MICHAEL A. TOWN, Judge, Nineteenth Division, Circuit court of the
First Circuit, State of Hawai`i, and RODNEY JOSEPH, JR., AND
KEVIN GONSALVES, Respondents.

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ORIGINAL PROCEEDING

ORDER DENYING PETITION FOR A WRIT DIRECTED TO A JUDGE
(By: Moon, C.J., Levinson, Nakayama, Acoba,
and Circuit Judge Ibarra, in place of Duffy, J., recused)

Upon consideration of Petitioner State of Hawaii's petition fo a writ directed to a judge, the papers in support, and the records and files herein, it appears that: (1) Petitioner petitions this court to direct the respondent judge to vacate his order granting Defendants Rodney Joseph, Jr. and Kevin Gonsalves bail in State v. Joseph, Cr. No. 04-1-0077, presently pending in the Circuit Court of the First Circuit; and (2) Petitioner fails to demonstrate the respondent judge abused his discretion when he granted the motions for bail and set bail at $1 million for each defendant. Therefore,

IT IS HEREBY ORDERED that the petition for a writ directed to a judge is denied.

DATED: Honolulu, Hawai`i, March 29, 2006.

Lucianne Khalaf,
deputy prosecuting attorney,
for petitioner, on the
motion