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STATE v. SCHNABEL

No. SCWC-29390.

279 P.3d 1237 (2012)

127 Haw. 432

STATE of Hawai`i, Respondent/Plaintiff-Appellee v. Less Allen SCHNABEL, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

May 11, 2012.

Attorney(s) appearing for the Case

Emmanuel V. Tipon, Sparlin & Tipon, for petitioner/defendant-appellant.

Donn Fudo, Deputy Prosecuting Attorney, City and County of Honolulu, for respondent/plaintiff-appellee.

ACOBA, DUFFY, and McKENNA, JJ.; and RECKTENWALD, C.J., dissenting, with whom NAKAYAMA, J., joins.

Opinion of the Court by ACOBA, J.

We hold first, that, Hawai`i Revised Statutes (HRS) § 571-84(h) clearly and unambiguously prohibits the use of evidence from juvenile proceedings in any adult criminal case for any purpose whatsoever. Accordingly, the Intermediate Court of Appeals (ICA) gravely erred in affirming the ruling of the circuit court of the first circuit (the court), that Respondent/Plaintiff-Appellee State of Hawai`i (Respondent) would be allowed...

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