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STATE v. JOSEPH

No. 27001.

128 P.3d 795 (2006)

109 Hawai`i 482

STATE of Hawai`i, Plaintiff-Appellant v. Rodney JOSEPH, Jr., Defendant-Appellee and Ethan Motta and Kevin Gonsalves, Defendants.

Supreme Court of Hawai`i.

Reconsideration Denied February 17, 2006.

Attorney(s) appearing for the Case

James M. Anderson, Deputy Prosecuting Attorney, City & County of Honolulu, on the briefs, for plaintiff-appellant.

Reginald P. Minn, on the briefs, Honolulu, for defendant-appellee.

Samuel P. King, Jr., on the briefs, Honolulu, for Party-in-Interest Christopher Evans.

MOON, C.J., ACOBA, J., and Intermediate Court of Appeals Associate Judge WATANABE, in place of DUFFY, J., recused; with NAKAYAMA, J., concurring separately and dissenting, with whom LEVINSON, J., joins.

Opinion of the Court by ACOBA, J.

We hold in this appeal by Plaintiff-Appellant State of Hawai`i (the prosecution) that (1) the statement obtained from Defendant-Appellee Rodney Joseph, Jr. (Joseph) was obtained in violation of Joseph's right to remain silent, and (2) the statement made after Joseph had been given his Miranda rights and any evidence resulting from such statements are inadmissible as the fruit of the first statement. Therefore, the November...

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