NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (FC-CR NO. 10-1-27K)
Summer M.M. Kupau Deputy Public Defender for Defendant-Appellant.
Linda L. Walton Deputy Prosecuting Attorney, County of Hawai'i for Plaintiff-Appellee.
Foley, Presiding Judge, Leonard and Reifurth, JJ.
SUMMARY DISPOSITION ORDER
Defendant-Appellant Stanley K. Huihui (Huihui) appeals from an August 10, 2011, Family Court of the Third Circuit (Family Court) Judgment Guilty Conviction and Sentence for Abuse of Family or Household Member, Terror Threat in the Second Degree, and Unlawful Imprisonment in the Second Degree.
Huihui raises two points of error on appeal: (1) the Family Court erred in precluding Huihui from testifying about the complaining witness's (CW's) prior attempts to hurt herself; and (2) the Family Court improperly considered Huihui's failure to make a statement to the police in assessing his credibility and thereby adjudging him guilty.
Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve Huihui's points of error as follows:
(1) Huihui maintains that the Family Court abused its discretion when it refused to allow him to testify about CW's alleged suicidal tendencies (i.e., alleged attempts to harm herself) pursuant to Hawaii Rules of Evidence (HRE) Rules 404(a) and (b). Huihui asserts that this failure deprived him of a complete defense and fair trial.
HRE 404(a) provides:
(a) Character evidence generally. Evidence of a person's character or a trait of a person's character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
(2) Character of victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused
HRS § 626-1, HRE Rule 404 (emphasis added).
Huihui contends that CW's suicidal tendencies became a "pertinent trait" with regards to factual disputes over CW's rationale for allegedly jumping out of the truck, as well as in explaining the nature and extent ...