State v. Kane

LEVINSON, Justice.

The plaintiff-appellant State of Hawaii (the prosecution) appeals from the circuit court’s “Findings of Fact, Conclusions of Law, and Order Denying Motion to Suppress Items and Granting Motions to Suppress Statements and to Dismiss Count II as Based on an Unconstitutionally Vague and Overbroad Statute.” On appeal, the prosecution argues: (1) that Hawaii Revised Statutes (HRS) § 134-8 (1993) 1 is not unconstitutionally vague or overbroad, either on its face or as applied; and (2) statements made by the defendant-appellee Dayton B. Kane to a police officer following his…