NO. 27847 - Thursday, June 5, 2008 - 10:00 a.m.
STATE OF HAWAI'I, Respondent/Plaintiff-Appellee, vs. KEVIN POND, Petitioner/Defendant-Appellant.
(Abuse of Family & Household Member)
Attorney(s) for Petitioners/Defendants-Appellant(s)
Honorable John M. Tonaki, Public Defender, and Deobrah L. Kim and Teresa D. Morrison, Deputies Public Defender
Attorney(s) for Respondents/Plaintiffs-Appellee(s)
Honorable Benjamin M. Acob, Prosecuting Attorney, and Brandon L. K. Paredes, Deputy Prosecuting Attorney, County of Maui
COURT: RTYM, CJ; SHL, PAN, SRA & JED, JJ.
Defendant-Appellant Kevin Pond appeals the Intermediate Court of Appeals' ("ICA's") judgment on appeal, arguing that the ICA gravely erred by concluding that (1) pursuant to Hawai'i Rules of Evidence ("HRE") Rule 404(b), reasonable notice was required prior to admitting bad act evidence about the prosecution's witness, even though this violated his constitutional right to confront his witnesses, (2) the jury instructions on self-defense were proper, and (3) the Interference with Reporting an Emergency or Crime Offense jury instruction error was harmless.