State v. Kaahui (Order of Amendment)

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

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NO. 28487

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee,

v.

CHRISTOPHER JOHN KAAHUI, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CR. NO. 05-1-0495(4))




  ORDER OF AMENDMENT
(By: Watanabe, Presiding Judge, Nakamura, and Leonard, JJ.)

The Memorandum Opinion of the court, filed on August 29, 2008, is hereby amended as follows:

    On Page 8, in lines sixteen through twenty, the following two sentences are deleted:

Also, unlike in Rulona, there was no version of events suggested by the DPA's questions that conflicted with the testimony of the witnesses. Thus, the jury was not placed in the position of having to weigh the credibility of a witness against that of the DPA.

The clerk of the court is directed to incorporate the foregoing change in the original opinion and take all necessary steps to notify the publishing agencies of this change.

DATED: Honolulu, Hawai‘i, September 24, 2008.