Mcnulty v. Olim

652 F.2d 1369 Donald Angus McNULTY, Petitioner-Appellant, v. Antone OLIM, Warden, Hawaii State Prison; and Andrew I. T. Chang, Director, Department of Social Services and Housing, State of Hawaii, Respondents-Appellees. No. 80-4316. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 24, 1981. Decided Aug. 14, 1981. Judith Ann Pavey, Honolulu, Hawaii, for petitioner-appellant. James H. Dannenberg, Deputy Atty. Gen., Honolulu, Hawaii, (argued), for respondents-appellees; George Yamamoto, Deputy Atty. Gen., Honolulu, Hawaii, on brief. Appeal from the United States District Court for the District of Hawaii. Before KILKENNY, SNEED, and FARRIS, Circuit Judges. SNEED, Circuit Judge: 1 This is an appeal from the district court's denial of the appellant's petition for a writ of habeas corpus. Appellant was tried and convicted of murder in the State of Hawaii. Thereafter appellant, through new counsel, moved in a timely fashion for a new trial. His motion was denied. He appealed to the Supreme Court of Hawaii and argued, inter alia, that his trial counsel provided ineffective assistance. The Supreme Court affirmed both the conviction and the denial of the motion for a…