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STATE v. TUCKER

Nos. 15255, 15264.

861 P.2d 24 (1993)

STATE of Hawaii, Plaintiff-Appellee, v. Elena Louise TUCKER, Defendant-Appellant, and Glenn Edward Tucker, Sr., Defendant. STATE of Hawaii, Plaintiff-Appellee, v. Glenn Edward TUCKER, Sr., Defendant-Appellant, and Elena Louise Tucker, Defendant.

Intermediate Court of Appeals of Hawaii.

Certiorari Granted and Cases Remanded July 21, 1993.

Attorney(s) appearing for the Case

Steven West, Deputy Public Defender (Linda C. Ramirez, Deputy Public Defender, on the briefs), Honolulu, for defendant-appellant Elena Louise Tucker.

Pamela J. Berman, court-appointed Atty., Honolulu, for defendant-appellant Glenn Edward Tucker, Sr.

Caroline M. Mee, Deputy Prosecuting Atty., City and County of Honolulu, Honolulu, for plaintiff-appellee.

Before BURNS, C.J., HEEN and WATANABE, JJ.

WATANABE, Judge.

Following the death of their six-month-old son, Glenn Edward Tucker, Jr. (Baby Glenn), of massive head injuries, Elena Louise Tucker (Elena) and Glenn Edward Tucker, Sr. (Glenn), wife and husband (collectively, Defendants), were charged in separate cases with "intentionally or knowingly caus[ing] the death of [Baby Glenn] by voluntarily omitting to perform a duty imposed by law, thereby committing the offense of Murder in the Second Degree, in violation...

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