State v. Phillips.

OPINION OF THE COURT BY

POLLACK, J.

I. INTRODUCTION

The Intermediate Court of Appeals (ICA) vacated the conviction of Lincoln Phillips for the attempted murder of his wife Tara Phillips and remanded the case for a new trial. In reaching this result, the ICA adopted an interpretation of the plain view doctrine that is contrary to this court’s prior decisions and the protections and limits of the rights guaranteed under Article I, Section 7 of the Hawaii Constitution. A proper application of these principles requires the reversal of the ICA’s judgment on appeal and affirmance of the trial court’s…