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State v. Adam11/26/2001
that would justify a reasonable person in exerting force against the persons that he considers to be intruders.
Issue preclusion, or the doctrine of collateral estoppel, applies in a subsequent suit between the same parties or their privies on a different cause of action and prevents the parties or their privies from relitigating any issue that was actually litigated and finally decided in the earlier action. Dorrance v. Lee, 90 Hawaii 143, 148, 976 P.2d 904, 909 (1999).
Adam argued the evidence would have provided the jury with his state of mind when he discharged the weapon. Adam contended that he reasonably believed that he and his child were in imminent danger of deadly force when Wentworth threatened him and threw rocks at his property. In support of his motion, Adam cited Dorrance, which applied the following four-part test to determine if collateral estoppel bars relitigation of an issue.
1. Precisely identify the issue sought to be precluded in the second action. Is it identical to the issue in the first action?
2. Was this precise issue actually litigated and decided by the fact finder in the first action?
3. Considering all of the objections, motions, and rulings which related to this issue, was it finally judicially determined in the first action?
4. Was the judgment in the first action dependent on the determination of this issue?
We agree with the circuit court that Adam failed to satisfy the part 1 of the Dorrance test. As discussed earlier, the prior case between the State and Adam involved an incident where Adam blockaded a roadway directly in front of his house in response to serial harassment from a group of people that included Wentworth's cousin, Aki, but did not include Wentworth. The court decided that the parking of Adam's truck on the roadway was a lesser evil than the harm caused by the group to Adam and was justified.
In contrast, the primary question presented by Count II was whether the State proved beyond a reasonable doubt that the gunshot by Adam was not justifiable. The jury was 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." The fact that the parking of Adam's truck on the roadway was justified as a lesser evil than the harm caused to Adam by the group's serial harassment is not evidence that Adam reasonably believed that he and his child were in imminent danger of deadly force when Wentworth threatened him and threw rocks at his property. Therefore, Adam's collateral estoppel argument fails part 1 of the Dorrance test.
Alternatively, we note that all Adam wanted was "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." Adam did not point out where in the record the State tried to make such a showing and we were unable to locate it. Unless the State tried to make such a showing, the alleged error is harmless error.
C. Motion in Limine I
In his Motion in Limine I, Adam sought to introduce page three of Wentworth's application to the Criminal Injuries Compensation Commission, HRS Chapter 351 (Supp. 2000). On this page, Wentworth wrote that he was "not sure" whether he would be filing a civil claim against Adam. Adam argued in his Motion in Limine I that this evidence was admissible pursuant to HRE § 609.1(a) (1993) because the fact that Adam's conviction could be used as evidence in a civil law suit established Wentworth's fin
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