State v. Stenger (Order Rejecting Application for Writ of Certiorari). J. Acoba dissenting. Dissenting Opinion by Substitute Justice Kim . ICA s.d.o., filed 12/31/2008 , 119 Haw. 336. ICA Order of

State: Hawaii

Court: Court of Appeals

Docket No: 27511

Case Date: 04/23/2009

Plaintiff: State

Defendant: Stenger. Concurring Opinion by J. Kim . Dissenting Opinion by C.J. Moon . Dissenting Opinion by

Preview:***FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER***

IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o---

STATE OF HAWAI#I, Respondent/Plaintiff-Appellee vs. ANGELA STENGER, Petitioner/Defendant-Appellant

NO. 27511 CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CR. NO. 04-1-1460) MARCH 4, 2010 ACOBA, AND DUFFY, JJ., AND CIRCUIT JUDGE KIM ASSIGNED DUE TO A VACANCY; WITH SUBSTITUTE JUSTICE KIM CONCURRING SEPARATELY; AND MOON, C.J., DISSENTING; AND NAKAYAMA, J., DISSENTING, WITH WHOM MOON, C.J., JOINS OPINION OF THE COURT BY ACOBA, J. We hold that (1) Petitioner/Defendant-Appellant Angela Stenger (Petitioner) was entitled to a mistake of fact instruction under Hawai#i Revised Statutes (HRS)

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