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STATE v. AKAHI

No. 21639.

988 P.2d 667 (1999)

92 Hawai`i 148

STATE of Hawai`i, Plaintiff-Appellant, v. James Kimo AKAHI, Defendant-Appellee, and State of Hawai`i, Plaintiff-Appellant, v. Terry N. Kaahanui, Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

As Amended November 1 and November 10, 1999.

Attorney(s) appearing for the Case

Mark R. Simonds, Deputy Prosecuting Attorney, County of Maui, on the briefs, for Plaintiff-Appellant.

Steven Booth Songstad, Wailuku, on the briefs, for Defendant-Appellee James Kimo Akahi.

BURNS, C.J., WATANABE, and ACOBA, JJ.

Opinion of the Court by BURNS, C.J.

Plaintiff-Appellant State of Hawai`i (the State) appeals the circuit court's May 28, 1998 Order Granting Defendants' Motion for New Trial. We affirm.

The State concedes that the circuit court violated the duty imposed on it by Tachibana v. State, 79 Haw. 226, 236-37, 240, 900 P.2d 1293, 1301, 1303-04, 1307 (1995) (footnotes omitted, footnote added...

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