State v. Kekuewa

Concurring and Dissenting Opinion By

ACOBA, J.

I would (1) modify the holding in State v. Domingues, 106 Hawai'i 480, 107 P.3d 409 (2005), with respect to cases charged under *427Hawai'i Revised Statutes (HRS) § 291-4.4 (Supp.2000)1 after its repeal but (2) sustain the dismissal by the Intermediate Court of Appeals (the ICA) of any charge against Respondent/Defendant-Appellant Philip Kala Kekuewa, III (Respondent or Kekuewa) in this ease for the reasons set forth herein.

Petitioner/Plaintiff-Appellee State of Ha-wai'i (Petitioner) filed an application for writ of certiorari2 on November 6, 2006,…