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STATE v. OKUBO

No. 23637.

53 P.3d 1204 (2002)

99 Hawai`i 219

STATE of Hawai`i, Plaintiff-Appellee, v. Walter T. OKUBO, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

Certiorari Denied August 12, 2002.

Attorney(s) appearing for the Case

Matthew S. Kohm, on the briefs, Pukalani, for defendant-appellant.

Tracy A. Jones, Deputy Prosecuting Attorney, County of Maui, on the briefs, for plaintiff-appellee.

WATANABE, Acting C.J., LIM and FOLEY, JJ.

Opinion of the Court by FOLEY, J.

Defendant-Appellant Walter T. Okubo (Okubo) appeals from the July 7, 2000 Judgment1 entered by the Circuit Court of the Second Circuit (the circuit court).2 Okubo contends that (1) the circuit court committed plain error by not obtaining an on-the-record waiver of spousal testimonial immunity from his wife, Darien Okubo (Darien); (2) the State engaged in prosecutorial misconduct...

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