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STATE v. LEALAO

No. SCWC-30502.

272 P.3d 1227 (2012)

126 Haw. 460

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Blue LEALAO, aka Boy Blue Lealao, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

March 28, 2012.

Attorney(s) appearing for the Case

Lars Robert Isaacson , on the briefs, for petitioner/defendant-appellant.

Keith M. Kaneshiro , Prosecuting Attorney, and Donn Fudo , Deputy Prosecuting Attorney, on the briefs, for respondent/plaintiff-appellee.

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

Opinion of the Court by ACOBA, J.

We hold that Hawai`i Rules of Evidence (HRE) Rule 409.5 (2007), which provides that evidence "express[ing] sympathy, commiseration, or condolences concerning the consequences of an event in which the declarant was a participant is not admissible to prove liability for any claim[,]" applies in civil but not in criminal cases. Accordingly, the circuit court of the first circuit (the court)1 and the Intermediate...

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