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STATE v. WALLACE

No. 25894.

94 P.3d 1275 (2004)

105 Hawai`i 131

STATE of Hawai`i, Plaintiff-Appellant, v. Terrence D. WALLACE, Defendant-Appellee.

Supreme Court of Hawai`i.

July 22, 2004.

Attorney(s) appearing for the Case

Simone C. Polak, Deputy Prosecuting Attorney, on the briefs, for plaintiff-appellant.

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, on the briefs, for defendant-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; ACOBA, J., concurring separately.

Opinion of the Court by MOON, C.J.

Plaintiff-appellant State of Hawai'i [hereinafter, the prosecution] appeals from the June 12, 2003 findings of fact (FOF), conclusions of law (COL) and order of the Circuit Court of the Second Circuit, the Honorable Shackley F. Raffetto presiding, granting defendant-appellee Terrence D. Wallace's motion to suppress statements. On appeal, the prosecution essentially contends that: (1) inasmuch as Wallace was not in custody, Miranda...

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