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STATE v. BEHRENDT

No. 29191.

237 P.3d 1156 (2010)

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Robert James BEHRENDT aka Running Bear, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

August 19, 2010.

Attorney(s) appearing for the Case

Ronette M. Kawakami, Deputy Public Defender, for petitioner/defendant-appellant.

Linda L. Walton, Deputy Prosecuting Attorney, for respondent/plaintiff-appellee.

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

Opinion of the court by RECKTENWALD, J.

Defendant Robert Behrendt, also known as Running Bear, was convicted of sexual assault for conduct involving SI, a minor under the age of 16. We must decide whether evidence of sexual contacts between Behrendt and SI that occurred prior to the conduct charged in this case was admissible under Hawai`i Rules of Evidence (HRE) Rules 404(b) and 403, cited infra. For the reasons set forth below, we conclude that the Circuit...

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