State v. Mattson

DISSENTING OPINION BY

ACOBA, J.,

IN WHICH DUFFY, J., JOINS.

I respectfully dissent.

The majority’s decision in this case unduly burdens a defendant’s right to confront witnesses under article I, section 14 of the Ha-wai'i Constitution,1 thereby undermining a fundamental principle of our justice system.2 Although the majority purports to adopt the position of the dissent in Portuondo, 529 U.S. at 76, 120 S.Ct. 1119 (Ginsburg, J., dissenting, joined by Souter, J.), this approach, as shown by several state decisions, provides little protection to defendants who not only have the constitutional right…