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STATE v. LEVELL

No. SCWC-11-0000073.

282 P.3d 576 (2012)

128 Haw. 34

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Donald LEVELL, Jr., Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

August 8, 2012.

Attorney(s) appearing for the Case

Audrey E. Stanley , Trisha Y. Nakamura , and James S. Tabe , for petitioner.

Stephen K. Tsushima , for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and McKENNA, JJ., and Circuit Judge CASTAGNETTI, in Place of DUFFY, J., Recused.

Opinion of the Court by ACOBA, J.

We hold that (1) the refusal of the District Court of the First Circuit (the court) to allow Petitioner/Plaintiff-Appellant Donald Levell, Jr. (Petitioner) to cross-examine Malia Avila (Complainant) regarding whether she had stolen his credit cards and used them after the alleged incident for which Petitioner was tried violated Petitioner's right to confrontation guaranteed by article I, section 14 of the Hawaii Constitution

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