State v. Balisbisana

924 P.2d 1215, 83 Haw. 109, 1996 Haw. LEXIS 139
CourtHawaii Supreme Court
DecidedSeptember 12, 1996
Docket19280
StatusPublished
Cited by74 cases

This text of 924 P.2d 1215 (State v. Balisbisana) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Balisbisana, 924 P.2d 1215, 83 Haw. 109, 1996 Haw. LEXIS 139 (haw 1996).

Opinion

MOON, Chief Justice.

Defendant-appellant Nelson Balisbisana appeals from his conviction of abuse of a family or household member, in violation of Hawaii Revised Statutes (HRS) § 709-906 (1993). 1 Balisbisana contends that the family court’s ruling on plaintiff-appellee State of Hawaii’s (the prosecution) motion in limine, wherein the court excluded reference to the complaining witness’s conviction for harassing Balisbisana, violated his rights, under the Hawaii and United States Constitutions, to confront the complaining witness and cross-examine her to expose evidence of her motive for bringing false charges against him. For the reasons discussed below, we agree with Balisbisana, vacate the conviction, and remand this ease for new trial.

I. BACKGROUND

Beverly Fujimoto, the complainant, had lived with Balisbisana intermittently since late 1991. The following account is gleaned from Fujimoto’s testimony at trial. In the week preceding July 19, 1995, Fujimoto had moved out of Balisbisana’s home and was staying in a hotel while she looked for another place to live. On July 19, 1995, Fujimoto telephoned Balisbisana. When no one answered, she thought that it would be a good time to go to Balisbisana’s house in. Kalihi. Valley to pick up some of her personal belongings because he was not there. She parked her car behind the house, and, as she walked through the yard, Balisbisana jumped out at her and scared her. She told him that she was there to pick up her things, and they went inside. As they were walking in, Balis-bisana called her a “whore” and accused her of “fooling around.”

Fujimoto went into the bedroom and bathroom and began packing her things. As she was bending over to put her things into a box, Balisbisana kicked her in the buttocks. He ran out to Fujimoto’s ear, looking for the boyfriend he imagined was hiding there, and later returned to the bedroom, punched Fu-jimoto in the arm, and kicked her in the leg. Fujimoto called the police, who arrested Bal-isbisana. The following day, July 20, 1995, Balisbisana was charged by complaint with abuse of family or household member.

Prior to the start of the jury trial on August 15, 1995, the prosecution made an oral motion in limine, requesting that Balisbi-sana be prohibited from adducing evidence of prior bad acts of the complainant without an offer of proof. Defense counsel objected and made the following offer of proof:

[DEFENSE COUNSEL]: Your Honor, at this time I would make an offer of proof in regards to [Hawaii Rules of Evidence (HRE) ] 404. I am going to be admitting and asking the complaining witness about a conviction against herself for abusing and convicted of harassing my client on July 3. Before this very same, with the family court. I am not offering it to prove that she acted in conformity there with [sic] on this occasion but I am offering it for the, under [HRE] Rule 609 point one. She is a witness and I am offering it for her mode of [sic] interest and bias in bringing this charge. And also as to her motivation and her testimony. .

The following discussion ensued:

THE COURT: As far as an offer [of] proof as to the defense you are not saying self defense in this matter. You are simply saying that one of the reasons for introducing this testimony is to show that she essentially is trying to hit back, unquote.
[DEFENSE COUNSEL]: Her motive.
[PROSECUTOR]: Your Honor—
[DEFENSE COUNSEL]: That’s the specific exception under 404 B.
*112 [PROSECUTOR]: Two things just came to me at this time. One thing is that ... I understand ... she pled no contest. Was there a trial on that?
[DEFENSE COUNSEL]: She entered a plea agreement.
[PROSECUTOR]: Was it a no contest?
[DEFENSE COUNSEL]: Guilty plea.
[PROSECUTOR]: You have proof of that?
[DEFENSE COUNSEL]: Yes.
[[Image here]]
[PROSECUTOR]: We ask that this be excluded for two reasons.
One, we have not been given prior notice of this under Rule 16. Sanctions are keeping it out.
Second, it has nothing to do with this trial whatsoever. It has nothing to do with motive. Motive, bias. The defendant has been convicted before himself. We’re not bringing that in to show motive or bias. We would argue that it’s irrelevant to this count on this date.
[DEFENSE COUNSEL]: Your Honor, it’s not, it’s highly relevant. This, her conviction date of this offense happened two weeks after her conviction. During that time they had a lot of turbulence and arguments. She was very upset about the fact that she was convicted and harassing Mr. Balisbisana so it is highly relevant.
[[Image here]]
THE COURT: With regard to the issue of the July 3 conviction and the question of whether under Rule 404 B, evidence of other crimes, wrongs or acts—
[PROSECUTOR]: We also argue 403 is more prejudicial. That was actually the original argument [defense counsel] brought out on 404 B.
THE COURT: As to this particular charge for this alleged offense, it’s your offer of proof, Mr. [defense counsel], that on this alleged offense the complaining witness made her complaint two weeks after she was convicted on July 3.
[DEFENSE COUNSEL]: That’s correct. The conviction was on July 3, and date of this is July 19.
THE COURT: And by way of offer of proof, do you have evidence, you said you have a public record. I presume you have some kind of judgment.
[DEFENSE COUNSEL]: A certified copy of the judgment from our family court document office.
THE COURT: And by offer of proof what does that judgment indicate as far as sentence or punishment for the conviction?
[DEFENSE COUNSEL]: That the defendant entered a plea of guilty to the amended charge of 711-1106 subsection A, harassment, pushing, shoving or striking. That she was placed on probation for a period of 6 months. That she was ordered to report to the adult services branch within 7 days of the date of her conviction, and she was given all the regular terms and conditions of probation. She was also ordered to under go [sic] domestic violence counseling and treatment.
In addition she was ordered to under go [sic] alcohol assessment and treatment if necessary.
THE COURT: And as far as the—was she represented by counsel at the time, of the July 3 entry?
[DEFENSE COUNSEL]: Yes, she was • • • [b]y [a] ... court appointed attorney.
[PROSECUTOR]: We ask when the offense took place.
THE COURT: The underlying offense, a July 3 conviction.

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Bluebook (online)
924 P.2d 1215, 83 Haw. 109, 1996 Haw. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-balisbisana-haw-1996.