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STATE v. CELESTINE

SCWC-14-0000335.

415 P.3d 907 (2018)

142 Haw. 165

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Ritalynn Moss CELESTINE, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

April 12, 2018.

Attorney(s) appearing for the Case

James S. Tabe for petitioner.

McKENNA, POLLACK, AND WILSON, JJ., WITH RECKTENWALD, C.J., DISSENTING, WITH WHOM NAKAYAMA, J., JOINS.

This appeal arises from a challenge by Ritalynn Moss Celestine to her conviction based on the validity of her waiver of the right to testify at trial. We hold that the record does not support a conclusion that Celestine's waiver of the right to testify was voluntarily, intelligently, and knowingly made. Because...

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