STATE OF HAWAII, Petitioner/Plaintiff-Appellee, vs. KENNETH DELOS SANTOS, Respondent/Defendant-Appellant. (Abuse of a Family and Household Member)
Attorney(s) for Petitioner/Plaintiff-Appellee(s)
Honorable Peter B. Carlisle, Prosecuting Attorney, and Stephen K. Tsushima, Deputy Prosecuting Attorney, City & County of Honolulu
Attorney(s) for Respondent/Defendant-Appellant(s)
Honorable John M. Tonaki, Public Defender, and Taryn R. Tomasa, Deputy Public Defender
NOTE: Order accepting Application for Writ of Certiorari, filed 4/1/10
COURT: RTYM, CJ; PAN, SRA, JED & MER, JJ.
Petitioner-Appellee, the State of Hawaii, has applied for a writ of certiorari from the Intermediate Court of Appeals’ November 9, 2009, Memorandum Opinion reversing the Family Court of the First Circuit’s August 6, 2008, Judgment of Conviction and Sentence. In its application for writ of certiorari, the prosecution presents the following question: “Did the ICA gravely err in holding the family court was wrong by admitting into evidence a police officer’s testimony regarding the complainant’s hearsay statement as an excited utterance?”