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STATE v. SUA

No. 21480.

987 P.2d 976 (1999)

92 Hawai`i 78

STATE of Hawai`i, Plaintiff-Appellee, v. Alomalietoa SUA, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Amended September 1, 1999.

As Amended September 8, 1999.

Certiorari Granted September 29, 1999.

Attorney(s) appearing for the Case

R. Richard Ichihashi, on the briefs, Honolulu, for defendant-appellant.

Bryan K. Sano, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, Honolulu, for plaintiff-appellee.

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

Opinion of the Court by ACOBA, J.

We hold that receipt of a witness's grand jury testimony under the past recollection recorded exception to the rule against hearsay at the criminal trial of Defendant-Appellant Alomalietoa Sua (Defendant) violated the right of confrontation guaranteed him by the Hawai`i Constitution. We conclude the witness's grand jury testimony was not imbued with such indicia of reliability as would comport with the substance of the protections...

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