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STATE v. POND

No. 27847.

193 P.3d 368 (2008)

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

Supreme Court of Hawai`i.

September 29, 2008.

Attorney(s) appearing for the Case

Deborah L. Kim and Theresa Marshall, Deputy Public Defenders, for petitioner/defendant-appellant Kevin Pond.

Richard Minatoya and Brandon L.K. Paredes, Deputy Prosecuting Attorneys, for respondent/plaintiff-appellee State of Hawai`i.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ., ACOBA and DUFFY, JJ., concurring and dissenting.

Opinion of the Court by NAKAYAMA, J.

Petitioner/Defendant-Appellant Kevin Pond ("Pond") seeks review of the Intermediate Court of Appeals' ("ICA's") October 30, 2007 judgment on appeal, issued pursuant to its October 11, 2007 opinion,1 see State v. Pond, 117 Haw. 336, 181 P.3d 415 (App. 2007), affirming the second circuit family court's2 ("circuit court") March 2, 2006...

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