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State v. Anger9/30/2004
d search warrants; and proceedings with respect to release on bail or otherwise.
FN7. HRE Rule 104 (1993) provides in relevant part:
(a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (b). In making its determination the court is not bound by the rules of evidence except those with respect to privileges.
(b) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
FN8. HRE Rule 803 (1993 & Supp.2003) provides in relevant part:
Hearsay exceptions; availability of declarant immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness:
....
(b) Other exceptions.
....
(24) Other exceptions. A statement not specifically covered by any of the exceptions in this paragraph (b) but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts, and (B) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.
For the reasons discussed infra, we hold that the district court erred in denying Anger's motion to suppress because the testimony of Officer Silva constituted inadmissible hearsay. We further hold that the prosecution is judicially estopped from arguing on appeal that the HRE do not govern hearings on motions to suppress.
I. BACKGROUND
The present matter arises out of a single-car motor vehicle accident in which Anger was involved on March 31, 2000.
On December 7, 2000, the prosecution charged Anger by complaint with the following offenses: (1) driving under the influence of intoxicating liquor (Count I), in violation of HRS § 291-4, see supra note 2; (2) inattention to driving without due care (Count II), in violation of HRS § 291-12 (1993 & Supp.2003); and (3) driving without no fault insurance (Count III), in violation of HRS § 431:10C-104(a), see supra note 3.
On June 8, 2001, Anger filed a motion to suppress blood test results. Specifically, Anger sought an order suppressing and precluding from use at trial the results of a blood test performed on him on or about March 31, 2000 after his discharge from the hospital. Anger claimed that his blood was extracted in violation of HRS ch. 286, as well as the United States and Hawai'i Constitutions.
The district court conducted a hearing on Anger's motion to suppress on July 27, 2001. The following facts were adduced. At approximately 11:35 p.m. on March 31, 2000, MPD Officer Donald B. Nakooka responded to a motor vehicle accident at the intersection of Pi'iholo Road and Makawao Avenue on the island of Maui. Upon arriving at the scene, Officer Nakooka observed a full-size Toyota pickup truck completely overturned, with Anger, the lone occupant, inside the cab. Officer Nakooka noted that Anger's vehicle had been totaled in a collision with a guy wi
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