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STATE v. KUBA

No. 9731.

706 P.2d 1305 (1985)

STATE of Hawaii, Plaintiff-Appellant, v. Donald R. KUBA, Defendant-Appellee.

Supreme Court of Hawaii.

As Amended October 15, 1985.

Attorney(s) appearing for the Case

Willard Peterson, Deputy Pros. Atty. (Arthur E. Ross, Mervyn L. Tano, Deputy Pros. Attys., on the opening brief; Mervyn L. Tano, Deputy Pros. Atty., on the reply brief), for plaintiff-appellant.

Richard Pollack, Deputy Public Defender, Honolulu, for defendant-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

HAYASHI, Justice.

The State of Hawaii (hereinafter "State") appeals 1) an Order Granting Defendant's Motion to Suppress Statements; 2) an Order Granting Defendant's Motion for Dismissal of Count I of the Indictment for Insufficient Evidence; and 3) an Order Granting Defendant's Motion to Suppress Evidence Obtained in Violation of Defendant's Miranda Rights. The trial court concluded that the police questioning of Defendant after a traffic stop amounted to custodial...

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