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STATE v. ENGELBY

SCWC-15-0000724.

465 P.3d 669 (2020)

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

Supreme Court of Hawai`i.

June 12, 2020.

Attorney(s) appearing for the Case

Phyllis J. Hironaka , Honolulu, for petitioner.

Sonja P. McCullen , Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, AND McKENNA, JJ.; AND WILSON, J., DISSENTING, WITH WHOM POLLACK, J., JOINS.

I. INTRODUCTION

Jason Engelby was found guilty by a jury of two counts of Sexual Assault in the First Degree for molesting a minor child (Child), the daughter of a close friend, when Child was nine and ten years old. Engelby appealed, and the Intermediate Court of Appeals (ICA) affirmed. On certiorari...

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