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STATE v. KAAHANUI

No. 11866.

747 P.2d 1276 (1987)

STATE of Hawaii, Plaintiff-Appellant, v. John I. KAAHANUI, Defendant-Appellee.

Supreme Court of Hawaii.

December 30, 1987.

Attorney(s) appearing for the Case

Arthur E. Ross (Law Clerk Alexandria Chinn, with him on opening brief), Deputy Pros. Atty., Honolulu, for plaintiff-appellant.

Susan Barr (William M. Domingo, with her on the brief), Deputy Public Defenders, Honolulu, for defendant-appellee.

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

NAKAMURA, Justice.

The Circuit Court of the First Circuit, concluding "that any waiver of Defendant's constitutional right to have counsel present during [custodial] interrogation was not done intelligently, knowingly and with an understanding of his right... .," ruled the statements obtained from John I. Kaahanui could not be used as evidence at his trial. The State of Hawaii appeals; it avers the circuit court erred in finding the defendant "was confused regarding...

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