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Electronically Filed Supreme Court SCWC-28904 15-DEC-2011 08:18 AM

IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--STATE OF HAWAI#I, Respondent/Plaintiff-Appellee, vs. DANIEL TAYLOR, Petitioner/Defendant-Appellant. NO. SCWC-28904 CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 28904; CR. NO. 07-1-0253) DECEMBER 15, 2011 RECKTENWALD, C.J., NAKAYAMA, DUFFY, AND MCKENNA, JJ., WITH ACOBA, J., CONCURRING AND DISSENTING SEPARATELY OPINION OF THE COURT BY RECKTENWALD, C.J. In 2006, Daniel Taylor pled guilty in the United States District Court for the District of Hawai#i to conspiracy to traffic in Native American cultural items that were obtained in violation of the Native American Grave Protection and Repatriation Act (NAGPRA). The items were native Hawaiian

artifacts that had been repatriated to Kanupa Cave on the island of Hawai#i, and that were subsequently taken from the cave by

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

Taylor and an accomplice.

Approximately a year later, a State of

Hawai#i grand jury indicted Taylor for Theft in the First Degree in violation of Hawai#i Revised Statutes (HRS)

Download State v. Taylor.  Concurring and Dissenting Opinion by J. Acoba.pdf

Hawaii Law