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STATE v. AUGUSTIN

No. 19992.

971 P.2d 304 (1998)

89 Hawai`i 215

STATE of Hawai`i, Plaintiff-Appellant, v. Raymond K.K. AUGUSTIN, Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

Certiorari Denied December 30, 1998.

Attorney(s) appearing for the Case

Donn Fudo, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, for plaintiff-appellant.

Myles S. Breiner, on the brief, for defendant-appellee.

Before BURNS, C.J., and ACOBA and KIRIMITSU, JJ.

Opinion of the Court by BURNS, C.J.

The State of Hawai`i (the State) appeals the First Circuit Court's July 22, 1996 Findings of Fact, Conclusions of Law, and Order Granting Defendant's Motion for New Trial or in the Alternative, for Mistrial (July 22, 1996 FsOF, CsOL and Order), which ordered a new trial. We affirm.

This case involves issues of (1) a juror's improper investigation and (2) a juror's improper disclosure of the results of that improper investigation...

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