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State v. Anger9/30/2004
g on Anger's motion to suppress was conducted in compliance with the HRE; both Anger and the prosecution raised numerous objections grounded in the HRE throughout the proceeding, and the district court made rulings sustaining or overruling those objections based upon the HRE. See Transcript of Proceedings 7/27/01 at 4, 12, 15, 17, 20-22, 24, 29, 31, 37, 39, 40, 42, 43, 45, 49, 51. Thus, the prosecution impliedly conceded that the HRE governed hearings on motions to suppress by consistently relying on them throughout the hearing. The prosecution is therefore judicially estopped from asserting on appeal that the HRE do not govern suppression hearings.
IV. CONCLUSION
In light of the foregoing analysis, we reverse the district court's order denying Anger's motion to suppress, vacate the subsequent judgment of conviction as to Count I, remand for further proceedings consistent with this opinion as to that count, and affirm the judgment of conviction as to Counts II and III.
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