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United States v. Lealao

Hawaii Supreme Court
272 P.3d 1227 (2012)

Written by Nathan Benedict, JD

Facts

Blue Lealao (defendant) was charged with assault. The state sought to introduce statements he made to family members of the victim apologizing for his actions and stating that he had made a mistake. Lealao filed a motion to exclude those statements, contending that their admission would violate Hawaii Rule of Evidence 409.5, which precludes the admission of expressions of sympathy and condolence to prove liability. The court admitted the statements. Lealao was convicted and appealed. The court of appeals affirmed, and the Hawaii Supreme Court granted review.

Rule of Law

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Issue

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Holding and Reasoning (Acoba, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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