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STATE v. KEARNS

No. 15451.

867 P.2d 903 (1994)

STATE of Hawai'i, Respondent-Appellee, v. Michael KEARNS, Petitioner-Appellant.

Supreme Court of Hawaii.

As Amended February 9, 1994.

Attorney(s) appearing for the Case

David Bettencourt, on the briefs, Honolulu, for petitioner-appellant.

James H.S. Choi, Deputy Pros. Atty., on the briefs, Honolulu, for respondent-appellee.

Carl M. Varady, Honolulu, for amicus curie American Civ. Liberties Union of Hawai'i Foundation.

Before KLEIN, Acting C.J., LEVINSON and NAKAYAMA, JJ., MELVIN K. SOONG, Circuit Judge, in place of MOON, C.J., recused, and HERBERT SHIMABUKURO, Circuit Court Judge, assigned by reason of vacancy.

KLEIN, Justice.

Michael Kearns was charged with one count of Promoting a Dangerous Drug in the First Degree in violation of Hawai'i Revised Statutes (HRS) 712-1241(1)(a)(i) (Supp.1992) and one count of Promoting a Dangerous Drug in the Second Degree in violation of HRS 712-1242(1)(b)(i) (Supp.1992). The circuit court denied Kearns's pre-trial motion to suppress evidence and, in a subsequent jurywaived trial, found him guilty as charged. The Intermediate Court of Appeals...

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