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STATE v. VALEROS

No. SCWC-29044.

271 P.3d 665 (2012)

126 Haw. 370

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Brandon VALEROS, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended February 2, 2012.

Attorney(s) appearing for the Case

Karen T. Nakasone , and Summer Kupau , Deputy Public Defenders, for petitioner/defendant-appellant.

Stephen K. Tsushima , Deputy Prosecuting Attorney, City and County of Honolulu for respondent/plaintiff-appellee.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, DUFFY, and McKENNA, JJ.

Opinion of the Court by ACOBA, J.

We hold in this case that the failure of Plaintiff-Appellee State of Hawai'i (the prosecution) to disclose an alibi-rebuttal witness was a violation of Hawai'i Rules of Penal Procedure (HRPP) Rule 12.1,1 even though the witness had been previously listed as the alibi witness of Petitioner/Defendant-Appellant Brandon Valeros (Defendant), but apparently unbeknownst...

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