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John Fitzgerald Finnigan v. State of Hawaii

August 31, 2011

JOHN FITZGERALD FINNIGAN,
PETITIONER-APPELLANT,
v.
STATE OF HAWAII, RESPONDENT-APPELLEE



APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (S.P.P. NO. 10-1-0005; CRIMINAL NO. 91-1160

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

SUMMARY DISPOSITION ORDER

(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Petitioner-Appellant John Finnigan (Finnigan) appeals from the Findings of Fact, Conclusions of Law, and Order Denying Petition for Post-Conviction Relief (Order Denying Post- Conviction Relief), filed on July 2, 2010, in the Circuit Court of the First Circuit (Circuit Court).*fn1

On August 24, 1994, Finnigan was convicted of Murder in the Second Degree and sentenced to life with the possibility of parole. On November 14, 1996, in Appeal No. 18441, Finnigan's conviction was affirmed by the Hawaii Supreme Court. On January 21, 2010, Finnigan filed a Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody (Petition), pursuant to Rule 40 of the Hawaii Rules of Penal Precedure (HRPP). The Petition stated four grounds for relief as follows:

A. Ground One: Conviction obtained by the unconstitutional failure of the prosecution to disclose to the defendant evidence favorable to the defendant.

State supporting FACTS (do not cite cases or law): Prosecutor withheld evidence from defendant of military investigation.

Ground Two: Violation of due process rights.

State supporting FACTS (do not cite cases or law): Pre Sentence Investigation (PSI) never completed.

Ground Three: Violation of constitutional right to fair and equal treatment.

State supporting FACTS (do not cite cases or law): Constitutional right violated as Hawaii Paroling Authority (HPA) failed to comply with statutorily required procedural requirements.

Ground Four: Petitioner seek relief for due process violation.

State supporting FACTS (do not cite cases or law):

Equal protection right violated as HPA deviated from established ...


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