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STATE v. NAITITI

No. 25779.

87 P.3d 893 (2004)

104 Hawai'i 224

STATE of Hawai'i, Plaintiff-Appellant, v. Samuel NAITITI, Defendant-Appellee.

Supreme Court of Hawai'i.

April 12, 2004.

Attorney(s) appearing for the Case

Alexa D.M. Fujise, Deputy Prosecuting Attorney, on the briefs, for the plaintiff-appellant State of Hawai'i.

Deborah L. Kim, Deputy Public Defender, on the briefs, for the defendant-appellee Samuel Naititi.

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

Opinion of the Court by LEVINSON, J.

The plaintiff-appellant State of Hawai'i [hereinafter, "the prosecution"] appeals from the findings of fact (FOFs), conclusions of law (COLs), and order of the first circuit court, the Honorable Sandra A. Simms presiding, ruling that certain statements that the defendant-appellee Samuel Naititi made to Honolulu Police Department (HPD) Detective Phillip Lavarias were involuntary, within the meaning of Hawai'i Revised Statutes (HRS...

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