State v. Fetelee

Concurring Opinion by

NAKAYAMA, J.

I respectfully concur in the result. Because the legislature intended that the Hawaii Rules of Evidence (“HRE”) serve as “a singular and primary source” for evidentiary *87rules, I agree that the ICA gravely erred by acknowledging the res gestae doctrine, inasmuch as the HRE supersedes the common law res gestae doctrine. See majority at 77-79, 175 P.3d at 733-35. However, I write separately to emphasize the value and potential viability of res gestae evidence, as numerous federal courts that continue to rely on this doctrine have demonstrated.

A. The Continuing…