State v. Pond

Concurring and Dissenting Opinion by

ACOBA, J.

I concur except, respectfully, I believe that the Intermediate Court of Appeals (ICA) did gravely err (1) in affirming the decision of the Second Circuit Family Court (the court) to exclude, based on a purported violation of the notice provision in Hawai'i Rules of Evidence (HRE) Rule 404(b) (Supp.2007), evidence submitted by Petitioner/Defendant-Appellant Kevin Pond (Petitioner) that the Complainant herein (Complainant) struck him prior to the incident in question; (2) in affirming the court’s decision to deny Petitioner’s request for a…