Henry K. Denton v. Peter MacDonald Administrator, Kulani Correctional Facility Warren Price, Iii, Attorney General of the State of Hawaii

956 F.2d 1166 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Henry K. DENTON, Petitioner-Appellant, v. Peter MACDONALD, Administrator, Kulani Correctional Facility; Warren Price, III, Attorney General of the State of Hawaii, Respondents-Appellees. No. 91-15407. United States Court of Appeals, Ninth Circuit. Submitted Feb. 10, 1992. * Decided March 4, 1992. Before CHAMBERS, FARRIS and POOLE, Circuit Judges. 1 MEMORANDUM ** I. 2 Appellant and two companions were charged with robbing, kidnapping, and assaulting four tourists who were hiking in the Kahana Valley on the island of Oahu. On April 18, 1988, appellant filed a motion to strike the kidnapping and assaulting counts of the indictment based on the Double Jeopardy Clause of the federal constitution, and on Haw.Rev.Stat. § 701-109(1)(a), (d), and (e), and § 701-109(4)(a), arguing that the charges all related to the same factual bases. This motion was denied. 3 On May 11, 1988, appellant pleaded guilty to the…