NO. 29061 – Thursday, September 3, 2009 – 9 a.m.

STATE OF HAWAI`I, Respondent-Plaintiff-Appellant, vs. SHAYNE EDRALIN, Petitioner-Defendant-Appellee. (Terroristic Threatening in the First Degree)

Attorney(s) for Petitioner-Defendant-Appellee(s)
Linda C. Ramirez Jameson

Attorney(s) for Respondent-Plaintiff-Appellant(s)
Honorable Peter B. Carlisle, Prosecuting Attorney, and Brian R. Vincent, Deputy Prosecuting Attorney, City & County of Honolulu

COURT: RTYM, CJ; PAN, SRA, JED & MER, JJ.

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>Brief description:

Petitioner/Defendant-Appellee Shayne Edralin (Petitioner) filed an Application for Writ of Certiorari (Application) seeking review of the judgment of the Intermediate Court of Appeals (ICA) filed on March 12, 2009, pursuant to its February 20, 2009 memorandum opinion (MOP), vacating the February 11, 2008 “Order Granting Defendant’s Motion to Suppress Evidence and Statements” (Suppression Order) filed by the circuit court of the first circuit (the court). On March 19, 2007, Petitioner was charged by written complaint with Terroristic Threatening in the First Degree, under HRS § 707-716(1)(c) (Supp. 2006) and/or HRS § 707-716(1)(d) (Supp. 2006). On August 27, 2007, Petitioner filed a Motion to Suppress Evidence and Statements. In his Application, Petitioner argues that the ICA erred in vacating the court’s suppression order, because the court correctly suppressed the evidence and statements which provide the basis for the terroristic threatening charge because they resulted from an invalid seizure.