Hawaii Supreme Court

State of Hawai'I, Respondent/plaintiff-Appellee v. Robert James Behrendt Aka Running Bear…

August 19, 2010124 Haw. 90

Summary

The Hawaii Supreme Court affirmed the Intermediate Court of Appeals’ judgment, holding that the trial court did not err in admitting out‑of‑state prior‑bad‑act evidence under HRE Rules 404(b) and 403, that the jury instruction on the lesser‑included offense of sexual assault in the third degree was proper, and that there was sufficient evidence to support the convictions on Counts 1‑3. The dissent argued the evidence was inadmissible character evidence and urged vacatur.

Holding

  • Admissibility of prior‑bad‑act evidence under HRE Rules 404(b) and 403. The trial court properly admitted the South Dakota evidence because it was relevant to show the defendant's opportunity and was not substantially outweighed by prejudice.
  • Adequacy of the jury instruction on the lesser‑included offense of sexual assault in the third degree. The jury instruction was proper and provided a rational basis for the convictions on Counts 1‑3.
  • Sufficiency of the evidence to support convictions on Counts 1‑3. There was substantial evidence to support the convictions on all three counts.

Docket 29191

Cited authorities

  • Rule 404(b)
  • Rule 404(b)
  • Rule 404(b)
  • Rule 404(b)
  • Rule 404(b)
  • Rule 404(b)
  • Rule 404(b)
  • Rule 404

Cited by

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