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STATE v. KIKUTA

No. 29445.

253 P.3d 639 (2011)

125 Haw. 78

STATE of Hawai`i, Petitioner/Plaintiff-Appellee v. Cedric K. KIKUTA, Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

June 8, 2011.

Attorney(s) appearing for the Case

Anne K. Clarkin , Deputy Prosecuting Attorney, for petitioner/plaintiff-appellee State of Hawai`i.

Summer M.M. Kupau , Deputy Public Defender, ( Jon N. Ikenaga , Deputy Public Defender, on the brief) for respondent/ defendant-appellant Cedric K. Kikuta.

ACOBA and DUFFY, JJ., and Circuit Judge WILSON, assigned by reason of vacancy; with Circuit Judge WILSON concurring separately; and NAKAYAMA, J., dissenting, with whom RECKTENWALD, C.J., joins.

Opinion of the Court by ACOBA, J.

We hold that (1) an instruction on Hawai`i Revised Statutes (HRS) § 703-309 (1993) (parental discipline defense),1 is not per se precluded by the fact that substantial bodily injury occurred; (2) as with other defenses, an instruction to the jury on the parental discipline defense must be given so long as there is some evidence in the record to support

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