State v. Kaahanui

OPINION OF THE COURT BY

NAKAMURA, J.

The Circuit Court of the First Circuit, concluding “that any waiver of Defendant’s constitutional right to have counsel present during [custodial] interrogation was not done intelligently, knowingly and with an understanding of his right.....” ruled the statements obtained from John I. Kaahanui could not be used as evidence at his trial. The State of Hawaii appeals; it avers the circuit court erred in finding the defendant “was confused regarding his right to counsel [during interrogation] and his right to counsel at trial” and in finding he “did not…