State v. Kahlbaun

OPINION OF THE COURT BY

OGATA, J.

The State of Hawaii (hereinafter State) appeals an order and written decision, and an order denying the State’s motion for reconsideration by the First Circuit Court where the indictment against defendant-appellee, Gabriel Kahlbaun (hereinafter appellee), was dismissed for lack of independent grand jury counsel as provided for under Article I, Section 11 of the Hawaii State Constitution. The question presented for our consideration is whether Article I, Section 11 of the Hawaii Constitution requires the physical presence of the independent grand jury counsel…