State v. Ahina

Summary

The Hawaiʻi Intermediate Court of Appeals affirmed the Circuit Court of the Second Circuit’s amended judgment convicting Ikaika Pua Aren Ahina of three counts of second-degree criminal property damage and imposing probation. The court declined to address an inadequately preserved evidentiary challenge, rejected the argument that a surveillance-video identification warranted an eyewitness jury instruction, and deemed the prosecutorial-misconduct claim insufficiently argued.

Holdings

1. The court did not address Ahina's challenge because the brief did not show that a request for an HRE Rule 104 hearing or the asserted HRE Rule 403 objections were made, denied, and preserved for appellate review.
2. The circuit court did not err by refusing to give an eyewitness jury instruction because Officer Kamaka was not an eyewitness to the offenses; he identified Ahina from surveillance videos after the incidents.
3. Ahina's prosecutorial-misconduct claim was waived because he offered only conclusory assertions and no argument or analysis explaining how the challenged statements violated the cited authorities.

Questions Presented

1. Whether the circuit court erred by admitting Officer Kamaka's identification testimony without an HRE Rule 104 hearing or by admitting related testimony under HRE Rule 403.
2. Whether the circuit court erred by refusing to give an eyewitness jury instruction when Officer Kamaka identified Ahina from surveillance video.
3. Whether the State committed prosecutorial misconduct during closing argument.

Disposition

affirmed