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STATE v. ARMITAGE

Nos. SCWC-29794, SCWC-29795, SCWC-29796.

319 P.3d 1044 (2014)

132 Haw. 36

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Nelson Kuualoha ARMITAGE, Petitioner/Defendant-Appellant. (ICA No. 29794; Case No. 2P106-02017). State of Hawai`i, Respondent/Plaintiff-Appellee, v. Russell K. Kahookele, Petitioner/Defendant-Appellant. (ICA No. 29795; Case No. 2P106-02018). State of Hawai`i, Respondent/Plaintiff-Appellee, v. Henry Maile Noa, Petitioner/Defendant-Appellant. (ICA No. 29796; Case No. 2P106-01909).

Supreme Court of Hawai`i.

January 28, 2014.

Attorney(s) appearing for the Case

Daniel G. Hempey, for petitioners.

Renee Ishikawa Delizo (on the briefs), for respondent.

ACOBA, McKENNA, and POLLACK, JJ.; with RECKTENWALD, C.J., Concurring and Dissenting, with whom NAKAYAMA, J., joins.

Opinion of the Court by ACOBA, J.

We hold that the complaints filed by the Respondent/Plaintiff-Appellee State of Hawai`i (the State) against Petitioners/Defendants-Appellants Nelson Kuualoha Armitage (Armitage), Russel Kahookele (Kahookele), and Henry Maile Noa (Noa) (collectively, Petitioners) of the offense of Entrance into the Reserve (Kaho`olawe Reserve or the Reserve), Hawai`i Administrative Rule (HAR) § 13-261-10 (2002)1 must...

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