STATE v. LAVOIE

SCWC-15-0000643.

453 P.3d 229 (2019)

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

Supreme Court of Hawai`i.

AS CORRECTED December 2, 2019.


Attorney(s) appearing for the Case

Matthew S. Kohm , Wailuku, for petitioner.

Emlyn H. Higa ( Renee I. Delizo with him on the briefs) for respondent.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.


The circuit court in its pretrial order in this case excluded evidence of "other bad acts" committed by the defendant. At trial, however, the court ruled that the defendant, by questioning a State's witness about a single instance of separation between the defendant and the decedent, opened the door to the defendant...

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