ICA affirms domestic assault conviction

On June 16, 2011, the ICA issued its opinion in State v. Pierre-Louis, No. 30566 (Summary Disposition Order- Unpublished, panel: Leonard, Presiding Judge, Reifurth and Ginoza, JJ). The case was an appeal from a conviction from the First Circuit Court, Hon. Edward Kubo, Jr., presiding. On the briefs were Nelson W.S. Goo, Esq. for Defendant-Appellant and Brian Vincent, Esq. for the State-Appellee.

Defendant was convicted of Abuse of Family and Household Member in violation of HRS § 709-906 and sentenced to two years probation, credit for two days served and a small fine.

On appeal, Defendant first alleged numerous evidentiary errors committed by the Court in disallowing evidence of the alleged victim’s prior drug use and lying about such use. In rejecting Defendant’s arguments, the ICA noted that while lying about drug use “is probative of the witness' untruthfulness[,]” the court “cannot conclude the trial court clearly exceeded the bounds of reason or disregarded rules or principles of law or practice in concluding that the prejudice outweighed the probative value of the evidence.”

Defendant next argued that the evidence was insufficient to support his conviction. The ICA disagreed, noting the evidence introduced at trial showing that the Defendant had placed his hands on and injured the alleged victim.

Defendant also alleged his trial lawyer’s performance fell beneath the proper standard of care and was thus ineffective. This argument was rejected by the ICA as “speculative” and objected to tactical decisions that “normally will not be questioned by a reviewing court." The conviction and sentence were affirmed.