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STATE v. TORRES

No. 28583.

252 P.3d 1229 (2011)

STATE of Hawai`i, Respondent and Petitioner/Plaintiff-Appellee, v. Jenaro TORRES, Petitioner and Respondent/Defendant-Appellant.

Supreme Court of Hawai`i.

As Amended April 19, 2011.

Attorney(s) appearing for the Case

Cynthia A. Kagiwada, for petitioner and respondent/defendant-appellant.

Deirdre Marie-Iha, Deputy Solicitor General, Susan Y.N. Won, Deputy Attorney General, State of Hawai`i, for respondent and petitioner/plaintiff-appellee.

ACOBA, and DUFFY, JJ., Circuit Judge, POLLACK in Place of RECKTENWALD, C.J., recused, and Circuit Judge BORDER Assigned due to a vacancy; with NAKAYAMA, Acting C.J., Concurring Separately and Dissenting.

Opinion of the Court by ACOBA, J.

We hold that where the State seeks to prosecute a defendant in a Hawai`i state court, any evidence upon which the prosecution seeks to rely must have been obtained in a manner that comports with the Hawai`i Constitution and applicable case law. Respondent and Petitioner/Plaintiff-Appellee State of Hawai`i (Respondent) and Petitioner and Respondent/Defendant-Appellant Jenaro Torres (Petitioner) applied for writs of certiorari to review...

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