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STATE v. KANE

No. 20692.

951 P.2d 934 (1998)

87 Hawai`i 71

STATE of Hawai`i, Plaintiff-Appellant, v. Dayton B. KANE, Defendant-Appellee, and Wendell K. Apao, Sr., Defendant.

Supreme Court of Hawai`i.

January 7, 1998.

Attorney(s) appearing for the Case

Alexa D.M. Fujise, Deputy Prosecuting Attorney, City and County of Honolulu, for plaintiff-appellant State of Hawai`i.

Richard L. Hoke, Honolulu, for defendant-appellee Dayton B. Kane.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

LEVINSON, Justice.

The plaintiff-appellant State of Hawai`i (the prosecution) appeals from the circuit court's "Findings of Fact, Conclusions of Law, and Order Denying Motion to Suppress Items and Granting Motions to Suppress Statements and to Dismiss Count II as Based on an Unconstitutionally Vague and Overbroad Statute." On appeal, the prosecution argues: (1) that Hawai`i Revised Statutes (HRS) § 134-8 (1993)1 is not unconstitutionally...

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