STATE v. MALUIA

No. 25689.

108 P.3d 974 (2005)

107 Haw. 20

STATE of Hawai`i, Respondent-Plaintiff-Appellee, v. Sapatumoeese MALUIA, Petitioner-Defendant-Appellant.

Supreme Court of Hawai`i.

March 24, 2005.


Attorney(s) appearing for the Case

Joyce K. Matsumori-Hoshijo, Deputy Public Defender, for petitioner-defendant-appellant Sapatumoeese Maluia, on the writ.

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


Opinion of the Court by DUFFY, J.

Following a jury trial in the Circuit Court of the First Circuit, the Honorable Richard Perkins presiding, petitioner-defendant-appellant Sapatumoeese Maluia was found guilty of murder in the second degree in violation of Hawai'i Revised Statutes (HRS) § 707-701.5 (1993).1 On November 29, 2004, the Intermediate Court of Appeals (ICA) issued a summary disposition...

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