State v. Cabinatan.

Concurring and Dissenting Opinion by

ACOBA, J.,

in which POLLACK, J., Joins.

History and scientific studies have established that misidentification is the “ ‘the single greatest cause of wrongful convictions in this country.’ ” State v. Cabagbag, 127 Hawai'i 302, 313, 277 P.3d 1027, 1038 (2012) (Part I by Acoba, J.) (quoting Perry v. New Hampshire, — U.S. -, 132 S.Ct. 716, 738, 181 L.Ed.2d 694 (2012) (Sotomayor, J., dissenting)). There is nothing that indicates that that fact changed only after May 17, 2012, when respectfully, the majority in Ca-bagbag decided that the duty to instruct on…