State v. DeLeonAnnotate this Case
The Supreme Court vacated the judgments of the Intermediate Court of Appeals and circuit court finding that Defendant was the first aggressor in a late-night confrontation and the subsequent denial of Defendant’s request to introduce evidence of the victim’s prior violent acts under Haw. R. Evid. 404 and 405 to show his violent or aggressive character. The Court (1) because a victim’s violent or aggressive behavior is an essential element of a self-defense claim for purposes of determining admissibility under Rule 405, specific instances of conduct, such as a victim’s prior violent acts, can be used as a method of proving character in such circumstances under the rule; and (2) the circuit court erred in finding no factual dispute as to who was the first aggressor, and the error was not harmless.