State v. Acker.

Concurring and Dissenting Opinion by

ACOBA, J.,

in which McKENNA, J., Joins.

In my view, the decision by the circuit court of the first circuit (the court) denying the request of Petitioner/ Defendant-Appellant Maryann Acker (Maryann) to recall Respondent/Defendant William Acker (William) as a witness in her ease-in-chief violated Maryann’s constitutional right to compulsory process, right to confrontation, right to present a complete defense, and right to a fair trial. See U.S. Const, amend. VI, XIV; Haw. Const, art. I, § 14. Respectfully, the court’s decision to accept the testimony of Deputy…