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STATE v. TAYLOR

No. SCWC-30161.

307 P.3d 1142 (2013)

130 Haw. 196

STATE of Hawai`i, Petitioner/Plaintiff-Appellee, v. Pamela L. TAYLOR, Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended August 19, 2013.

Attorney(s) appearing for the Case

Kimberly Tsumoto , Honolulu, Guidry for petitioner.

Phyllis J. Hironaka for respondent.

RECKTENWALD, C.J., NAKAYAMA and McKENNA, JJ., and Circuit Judge GARIBALDI, assigned by Reason of Vacancy; with ACOBA, J., concurring and dissenting separately.

Opinion of the Court by McKENNA, J.

I. Introduction

The State asks us in this appeal to overrule the plurality opinion in State v. Stenger, 122 Haw. 271, 226 P.3d 441 (2010). Despite the apparent confusion regarding its actual holding, Stenger does not stand for the proposition for which it is sometimes cited; therefore, we decline to overrule Stenger. "[A]court should...

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