[Download] "State V. Ekenberg" by Hawaii Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: State V. Ekenberg
• Author : Hawaii Supreme Court
• Release Date : January 31, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The defendant-appellant Erik Ekenberg appeals from the second circuit court's judgment of conviction of and sentence for the offense of unauthorized control of a propelled vehicle, in violation of Hawaii Revised Statutes (HRS) § 708-836 (1993 & Supp. 1996), filed on April 21, 1999. On appeal, Ekenberg contends: (1) that the circuit court erroneously denied his motion to suppress statements he made to a police officer, because his statements were not made voluntarily and were obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966); (2) that his trial counsel's failure to file a motion to suppress, presumably, all evidence obtained as a result of his allegedly unlawful warrantless seizure constituted ineffective assistance of counsel; (3) that the circuit court abused its discretion in admitting the "lay opinion" testimony of Greg Kessell, the manager of Maui Motorcycle, as relevant to Ekenberg's state of mind; and (4) that the prosecution committed misconduct (a) by proffering Kessell's testimony and (b) by asserting in closing argument that Ekenberg's testimony was "a lie" due to Ekenberg's failure to proffer the testimony of an alibi witness.

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