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STATE v. PHILLIPS

SCWC-12-0000020.

382 P.3d 133 (2016)

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

Supreme Court of Hawai`i.

September 30, 2016.

Attorney(s) appearing for the Case

Stephen K. Tsushima , Honolulu, for petitioner.

Randall K. Hironaka , Honolulu, for respondent.

McKENNA AND POLLACK, JJ., AND CIRCUIT JUDGE NISHIMURA, IN PLACE OF ACOBA, J., RECUSED, AND NAKAYAMA, J., CONCURRING AND DISSENTING, WITH WHOM RECKTENWALD, C.J., JOINS

I. INTRODUCTION

The Intermediate Court of Appeals (ICA) vacated the conviction of Lincoln Phillips for the attempted murder of his wife Tara Phillips and remanded the case for a new trial. In reaching this result, the ICA adopted an interpretation of the plain view doctrine that is contrary to this court...

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