State v. Locken

341 P.3d 1176, 134 Haw. 376, 2014 Haw. App. LEXIS 542
CourtHawaii Intermediate Court of Appeals
DecidedNovember 28, 2014
DocketNo. CAAP-11-0000568
StatusPublished
Cited by5 cases

This text of 341 P.3d 1176 (State v. Locken) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Locken, 341 P.3d 1176, 134 Haw. 376, 2014 Haw. App. LEXIS 542 (hawapp 2014).

Opinion

[379]*379Opinion of the Court by

NAKAMURA, C.J.

Plaintiff-Appellee State of Hawai'i (State) charged Defendant-Appellant Anthony Andrew Loeken (Loeken) by felony information and non-felony complaint with second-degree assault against Larsen Kaneda (Kaneda) (Count 1) and third-degree assault against Karinne Wong (Wong) (Count 2). Kaneda went to high school with and was friends with brothers Konrad Bruesehoff (Konrad) and Hans Bruesehoff (Hans), who were Loeken’s roommates, and Kaneda knew Loeken through the brothers. Wong was Kaneda’s girlfriend.

The charges stem from an alleged assault that occurred after a group of people, which included Loeken, Kaneda, Wong, Konrad, and Hans, had gone out for the evening. The group then went to Konrad’s and Hans’ house and got into an argument over how Loeken had behaved while they were out. Wong alleged that during the argument, Loeken grabbed her and kicked her, causing her to feel pain and cry. Kaneda alleged that when he came to his girlfriend’s defense, Loeken kicked him, causing the dislocation of his right shoulder and an indentation fracture in the bone socket. Loeken presented contrary evidence though witnesses who testified that Loeken did not grab Wong and did not kick Wong or Kaneda.

After a jury trial, Loeken was found guilty of the lesser included offense of third-degree assault on Count 1 and guilty as charged of third-degree assault on Count 2. The Circuit Court of the First Circuit (Circuit Court)1 sentenced Loeken to concurrent terms of probation for one year on each count.

Loeken appeals from the “Judgment of Conviction and Probation Sentence” (Judgment) entered by the Circuit Court on July 11, 2011. On appeal, Loeken contends that: (1) the Circuit Court erred in allowing the introduction of Locken’s “prior bad act,” which involved a prior incident where Loeken caused a fight that resulted in injury to Konrad; (2) the Circuit Court erred in issuing a “blanket” restriction on defense counsel’s cross-examination that precluded him from asking witnesses if they were lying; (3) the Circuit Court erred in denying defense counsel’s request to recall a defense witness to ask a question counsel forgot to ask, and that defense counsel’s failure to ask the question constituted ineffective assistance of counsel; and (4) the Circuit Court erred in instructing the jury on self-defense. As explained below, we affirm the Circuit Court’s Judgment.

BACKGROUND

I.

The main people involved in this case and their relationship to each other are as follows. Loeken was a roommate of brothers Hans and Konrad. Kaneda went to the same high school as Hans and Konrad, was classmates with Konrad, and was friends with both brothers. Wong was Kaneda’s girlfriend and was friends with the brothers. Kaneda and Wong knew Loeken through the brothers. Loeken and Konrad, along with Sean Diaz (Diaz) and Mike Rubino (Rubino), were classmates at a California State university maritime academy. After graduating from the academy, Loeken moved to Hawai'i to work and began residing with Konrad and Hans. At the time of the charged incident, Diaz and Rubino resided in California, but were visiting Loeken and Konrad in Hawai'i and were staying with Loeken, Konrad, and Hans at the brothers’ house. The brothers’ mother and the mother’s boyfriend, Mark Murray (Murray), lived next door.

On the night of the charged incident, a group of eight people, consisting of Loeken, Konrad, Hans, Kaneda, Wong, Diaz, Rubino, and Ryan Katahara (a high school classmate of Kaneda and Konrad), went to Dave & Buster’s. The group left Dave & Buster’s after being there for about two hours. Outside of Dave & Buster’s, Loeken got into a dispute with a “local guy” and challenged the local guy and his friends to a fight. Wong intervened to break up the confrontation, saying “we don’t want any trouble[.]” The potential altercation was averted and the group of eight drove to the brothers’ house.

[380]*380II.

At trial, the testimony of the State’s witnesses and the defense witnesses about what happened at the brothers’ house diverged sharply. The State called Kaneda and Wong, who testified as follows.

At the brothers’ house, Wong asked Lock-en why he wanted to “cause a scene or cause trouble” and place the people with him at risk of getting hurt. Hans, who had been with the group that evening, was disabled; Hans had a pacemaker in his heart and three artificial discs in his back. Wong had been present less than six months before, when Locken was involved in a similar incident in which Konrad had been “falseeracked” by a “local guy” that Locken wanted to fight.

Wong asked Locken if he was going to pick himself and his pride over his friends’ well-being. When Locken responded that he would pick himself, Hans joined the conversation and asked Locken why Locken would say something like that. Locken became aggressive, put up his hands, and challenged Hans to a fight. This angered Hans, who argued with Locken. Konrad blocked and restrained Locken and Rubino blocked and restrained Hans to keep Locken and Hans apart. However, Locken continued to call out Hans, saying he “could take [Hans] down[.]”

Wong tried to calm Locken, telling him that because of Hans’ condition with a pacemaker in his heart and artificial discs in his back, Hans could get hurt or die if pushed the wrong way. In response, Locken asked Wong if she wanted to fight too. As Konrad was trying to restrain Locken, Locken grabbed Wong’s arm twice and kicked her in the right thigh, causing her to begin crying.

Kaneda got between Locken and Wong and asked Locken, “What are you doing hitting a girl?” Locken started “wheeling kicks” at Kaneda and landed three or four kicks to Kaneda’s right shoulder. Murray, the boyfriend of the brothers’ mother, came over to break things up. Locken challenged Murray to a fight, saying, “You want to go too, old man?” The brothers’ mother then came over and finally separated everyone, with the brothers, Kaneda, Wong, and Kata-hara going to the mother’s house.

The State also called Hans and Murray as witnesses. Hans and Murray corroborated the testimony provided by Kaneda and Wong.

The State presented medical evidence from Dr. Elizabeth Ignacio (Dr. Ignacio), an orthopedic surgeon. Dr. Ignacio testified that Kaneda sustained “an anterior inferior shoulder dislocation,” associated tissue damage, and an “indentation fracture” or “impaction fracture”2 of his shoulder ball joint, and that the injury was “recent” when she examined him. The State also introduced pictures of Wong taken two days after the incident that showed a large bruise on her leg, as well as bruises on her arm.

III.

The defense called Diaz and Rubino,3 Locken’s classmates from the maritime academy, as witnesses. Dias and Rubino presented a markedly different picture of what occurred at the brothers’ house. According to their testimony, Wong and Hans were “acting drunk” and were angry at Locken for what had happened earlier that evening. Wong yelled hysterically at Locken, who ignored Wong or told Wong to mind her own business. In response, Wong lunged at Locken and tried to scratch or strike him. Kaneda tried to pull Wong away, and Konrad pushed Locken back into a chair and kept him from getting up. Diaz and Rubino testified that Locken did not grab Wong and did not kick or strike Wong or Kaneda. Locken did not testify at trial.

DISCUSSION

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Cite This Page — Counsel Stack

Bluebook (online)
341 P.3d 1176, 134 Haw. 376, 2014 Haw. App. LEXIS 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-locken-hawapp-2014.