 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Adam11/26/2001
instructed that " he use of force upon or toward another person is justified when a person reasonably believes that such force is immediately necessary to protect himself on the present occasion against the use of unlawful force by the other person."
Adam's knowledge of Wentworth's violent or aggressive character was admissible to the extent that it supported his belief that the force he used was immediately necessary to protect himself on that occasion against Wentworth's use of unlawful force. However, there is no evidence that Adam was aware of Wentworth's criminal history. Clearly, any of Wentworth's criminal history that was unknown to Adam when Adam fired the shot was irrelevant.
Quoting Lui, supra, Adam contends that his knowledge of Wentworth's criminal history was not required because such "foundation is not required where the factual issue is to determine the aggressor." As we have concluded above, however, such foundation is not required when the factual issue is, as between the defendant and the other person, who was the aggressor, and no such factual issue was presented in this case.
B. Motion in Limine III
In his February 23, 2000 Motion in Limine III, Adam sought to preclude the State from objecting to or attempting to rebut evidence sought to be presented by [Adam], to the effect that his conduct on July 1, 1998, was in response to serial harassment by a group of people associated with Milolii Village, and which included Jason Aki, who was at the scene on July 1, 1998. The basis for the motion is that [Adam] was earlier charged . . . with having illegally blocked the roadway in front of his house. In that case, the defense was justification, based upon Mr. Adam's wish to protect himself, his family and his home from this group. After trial, on Feb. 24 and Mar, 21, 1997, he was acquitted.
Where the identical issue was there litigated between the same two parties, it is respectfully suggested that the State should be prevented from resisting [Adam's] use of the same facts on grounds of issue preclusion.
In his Memorandum in Support of Motion in Limine III, Adam argued:
This matter was litigated in the District Court, and, in defense of a charge of illegally blocking a road, Mr. Adam presented evidence (including the videotape offered in this trial) that he had been harassed routinely and consistently by this group of people. The Trial Court . . . having heard the testimony and having viewed the videotape, specifically found that [Adam's] conduct was the lesser of two evils; and that it was justified.
[Adam's] position here is that this prior adjudication between the same parties has a preclusive effect as to the issue of [Adam] having been harassed by this group. That is not to say that [Adam] argues that the prior trial result precludes the State from arguing that excessive force was used by Mr. Adam in the instant case; rather [Adam] argues that this ongoing harassment is one of the global facts that were subsumed in his state of mind at the time of this incident, upon which he could rely in reasonably believing himself (and his child) to be faced with imminent deadly force (as threatened by John Wentworth, the alleged victim).
At the February 28, 2000 hearing on the Motion in Limine III, counsel for Adam stated:
I am simply asking that your Honor foreclose the State from attacking our defense to the extent that the State might try to show that there was no prior serial harassment of Mr. Adam. Now, this is an important point for the defense, because obviously the justification defense requires that the defendant be in possession of facts at the time of his own conduct
Page 1 2 3 4 5 6 7 8 Hawaii DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|