State v. Wilbur-Delima

Summary

The Intermediate Court of Appeals of Hawaiʻi affirmed Kamealohanakekaiaulu Wilbur-Delima’s conviction for second-degree robbery. The court held that the circuit court permitted sufficient cross-examination concerning the complaining witness’s prior employee discipline and that substantial evidence supported the jury’s finding that Wilbur-Delima used or threatened the imminent use of force during the theft.

Holdings

1. The circuit court did not err in limiting the evidence concerning the complaining witness's prior workplace discipline because Wilbur-Delima was permitted to question the witness about the unproductive stops and the possible motive to avoid another such stop, and Wilbur-Delima did not identify additional relevant evidence that he was prevented from introducing or show resulting prejudice.
2. Substantial evidence supported the jury's finding that Wilbur-Delima used or threatened the imminent use of force against the complaining witness while committing theft.

Questions Presented

1. Whether the circuit court improperly barred or limited the introduction of prior bad-act evidence concerning the complaining witness for impeachment and to show the witness's motive and intent.
2. Whether substantial evidence supported the jury's finding that Wilbur-Delima used or threatened the imminent use of force while committing theft, as required for second-degree robbery.

Disposition

affirmed