Prosecutors appeal overturned beating conviction - Hawaii News Now - KGMB and KHNL

Prosecutors appeal overturned beating conviction

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Lincoln Phillips Lincoln Phillips

HONOLULU (AP) - Honolulu prosecutors are asking the state supreme court to review a recent appeals court ruling that overturned an attempted murder conviction and ordered a new trial for a man accused of beating his wife with a hammer.

City prosecutor's office spokesman Dave Koga told the Honolulu Star-Advertiser prosecutors will seek a review by the high court.

Lincoln Phillips was a Schofield Barracks soldier when he was charged with beating his wife, Tara. She suffered severe head injuries in the September 2008 beating at their Ewa Beach home.

The appeals court held in a 2-1 ruling that a hammer found in the garage should not have been admitted as evidence in the trial because it was seized by police without a warrant.

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