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STATE v. BOHANNON

No. 24095.

74 P.3d 980 (2003)

102 Hawai'i 228

STATE of Hawai'i, Plaintiff-Appellant, v. Alicia Anne BOHANNON, Defendant-Appellee.

Supreme Court of Hawaii.

As Amended September 2, 2003.

Attorney(s) appearing for the Case

Mangmang Qui Brown, deputy prosecuting attorney (Mangmang Qui Brown, on the brief), for the plaintiff-appellant State of Hawai`i.

Michael Green (Gary M. Levitt, on the brief), Honolulu, for the defendant-appellee Alicia Anne Bohannon.

LEVINSON, J., with whom MOON, C.J., Joins, and NAKAYAMA, J., Concurring Separately and Dissenting, and ACOBA, J., Dissenting, and Intermediate Court of Appeals Chief Judge BURNS, Assigned by Reason of Vacancy, Concurring Separately.

Opinion by LEVINSON, J., in which MOON, C.J., Joins, Announcing the Judgment of the Court.

The plaintiff-appellant State of Hawai`i [hereinafter, "the prosecution"] appeals from (1) the order of the district court of the first circuit, the Honorable Paula Devens presiding, file-stamped on January 25, 2001 but signed by Judge Devens on January 31, 2001, granting the defendant-appellee Alicia Anne Bohannon's motion to suppress items of evidence [hereinafter, "motion...

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