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STATE v. PRATT

No. SCWC-27897.

277 P.3d 300 (2012)

127 Haw. 206

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

Supreme Court of Hawai`i.

May 11, 2012.

Attorney(s) appearing for the Case

Daniel G. Hempey , for petitioner/defendant-appellant.

Tracy Murakami and Jake Delaplane , Deputy Prosecuting Attorneys, for respondent/plaintiff-appellee.

David Kimo Frankel and Ashley K. Obrey of the Native Hawaiian Legal Corporation, for amicus curiae Native Hawaiian Legal Corporation.

RECKTENWALD, C.J., NAKAYAMA, and DUFFY, JJ., with ACOBA, J., concurring and dissenting, with whom McKENNA, J., joins.

Opinion of the Court by NAKAYAMA, J.

Article XII, § 7 of the Hawai`i Constitution provides:

The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.

Haw. Const. art. XII, § 7...

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