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STATE v. POMROY

No. SCWC-29688.

319 P.3d 1093 (2014)

132 Haw. 85

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

Supreme Court of Hawai`i.

January 31, 2014.

Attorney(s) appearing for the Case

Steven D. Strauss , Hilo, for petitioner.

Sonja P. McCullen , Honolulu, for respondent.

ACOBA, McKENNA, AND POLLACK, JJ.; with RECKTENWALD, C.J., Dissenting, with whom NAKAYAMA, J., Joins.

Opinion of the Court by McKENNA, J.

I. Introduction

At issue in this appeal is whether Petitioner/Defendant-Appellant Henry Pomroy ("Pomroy") was adequately informed of his right to testify. Pomroy presents the following questions on certiorari:

A. Whether the Intermediate Court of Appeals determined in error that the district court's failure to advise petitioner prior to start of trial of his right to testify did not warrant reversal of the trial...

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