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STATE v. SILVER

No. SCWC-29060.

249 P.3d 1141 (2011)

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

Supreme Court of Hawai`i.

February 2, 2011.

Attorney(s) appearing for the Case

Peter Van Name Esser and Myles S. Breiner, for petitioner/defendant-appellant.

Richard K. Minatoya, Deputy Prosecuting Attorney, County of Maui, for respondent/plaintiff-appellee.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, DUFFY, JJ., and Circuit Judge DEL ROSARIO, Assigned by Reason of Vacancy.

Opinion of the Court by DUFFY, J.

Petitioner/Defendant-Appellant Barry Silver (Silver) filed a timely application for a writ of certiorari (Application), urging this court to review the Intermediate Court of Appeals' (ICA) July 15, 2010 judgment on appeal in support of its June 30, 2010 memorandum opinion, which affirmed the Circuit Court of the Second Circuit's (circuit court) March 7, 2008 judgment finding Silver guilty of four counts of sexual assault in the third...

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