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STATE v. EBERLY

No. 24750.

112 P.3d 725 (2005)

107 Hawai`i 239

STATE of Hawai`i, Plaintiff-Appellee-Petitioner, v. Bardwell EBERLY, Defendant-Appellant-Respondent.

Supreme Court of Hawaii.

June 2, 2005.

Attorney(s) appearing for the Case

Daniel H. Shimizu, deputy prosecuting attorney, on the application, for plaintiff-appellee-petitioner State of Hawai`i.

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

Opinion of the Court by LEVINSON, J.

On April 12, 2005, the plaintiff-appellee-petitioner State of Hawai`i [hereinafter, "the prosecution"], filed an application for a writ of certiorari, requesting that this court review the published decision of the Intermediate Court of Appeals (ICA) in State v. Eberly, No. 24750, ___ Hawai`i ___, 116 P.3d 703, 2005 WL 605551 (Haw.App. Mar 15, 2005) [hereinafter, "the ICA's opinion"], (1...

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