State v. Chamberlain

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

NO. 28255
IN THE INTERMEDIATE COURT OF APPEALS =
; Po
Oy re

OF THE STATE OF HAWAI‘I

STATE OF HAWAI'I, Plaintiff-Appellee, v.
MELISSA CASSIDY CHAMBERLAIN, Defendant- -Bppel lant

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CR. NO. 05-1-0627(3))

SUMMARY DISPOSITION ORDER
(By: Foley, Presiding J., Fujise and Leonard, JJ.)
Defendant-Appellant Melissa Cassidy Chamberlain

Conviction and Probation

2006 in the Circuit
* A jury convicted
in violation

appeals from the Judgment,
filed on October 10,

. (Chamberlain)
(circuit court).

Sentence (Judgment)

Court of the Second Circuit

Chamberlain of Negligent Injury in the First Degree,
(HRS) § 707-705 (1993).7 The circuit
with

of Hawaii Revised Statutes
court sentenced Chamberlain to five years of probation,

special conditions including a sixty-day term of imprisonment
and the payment of $208,679.69 in

(stayed pending appeal)

restitution.
On appeal, Chamberlain argues the following
The circuit court reversibly erred and violated

(1)
her rights to due process as guaranteed by Amendments V and XIV
sections 5 and

to the United States Constitution and article I
and right to a fair trial as

14 of the Hawai‘i Constitution,
guaranteed by Amendment VI to the United States Constitution and

article I, section 14 of the Hawai‘i Constitution by submitting a
prejudicially insufficient and erroneous response (which we, for
will refer to as a Jury Instruction) to the

convenience's sake,
1.

Jury and Court Communication No

The Honorable Joseph E. Cardoza presided
HRS § 707-705(1) provides that "[a] person is guilty of the offense

2
of negligent injury in the first degree if that person causes serious bodily
injury to another person by the operation of a motor vehicle in a negligent

1

manner."
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

(2) The circuit court erred and violated her
constitutional rights to due process and a fair trial by
admitting into evidence at trial irrelevant and unduly
prejudicial testimony by the complainant (Complainant). The
testimony concerned Complainant's employment at the time of trial
and his skateboarding abilities and aspirations to become a
professional skateboarder prior to the November 3, 2004
automobile accident (accident).

(3) The Deputy Prosecuting Attorney (Prosecutor)
committed numerous acts of prosecutorial misconduct throughout
the trial that deprived her of her right to a fair trial.

Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the arguments advanced and the issues raised by the parties, as
well as the relevant statutory and case law, we resolve
Chamberlain's points of error as follows:

(Ll) The circuit court did not reversibly err or
violate Chamberlain's constitutional rights by giving the Jury
Instruction. On appeal, Chamberlain does not rebut the
presumption that the second enumerated instance of negligent
causation in the Jury Instruction (Part 2 of the Jury
Instruction), which she contests for the first time on appeal,
was correct. State v. Nichols, 111 Hawai‘i 327, 337 n.6, 141
P.3d 974, 984 n.6 (2006). Part 2 of the Jury Instruction tracks
the language of HRS 702-216 (1993) and is not ambiguous.

Chamberlain provides no persuasive authority for the notion that

the Jury Instruction is prejudicially insufficient, erroneous,
inconsistent, or misleading because it provides no guidance to
the jury in "objectively" measuring whether Complainant's injury
was too remote or accidental or too dependent on his own
negligence to have a bearing on Chamberlain's liability or the
gravity of her alleged offense. State v. Stenger, 122 Hawai'i
271, 281, 226 P.3d 441, 451 (2010). In the instant case, the

circuit court provided the jury with sufficient guidance to

determine causation. State v. Haanio, 94 Hawai'i 405, 415, 16

P.3d 246, 256 (2001) (stating that "jurors are presumed to follow

the court's instructions"); State v. Mattiello, 90 Hawai‘i 255,

2
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

259, 978 P.2d 693, 697 (1999) (stating that it is well-settled
that issues dependent upon the credibility of the witnesses and
the weight of the evidence are within the jury's province).

(2) The circuit court erred by admitting into evidence
Complainant's testimony regarding his employment at the time of
trial on the basis that the evidence was relevant to
Complainant's credibility. Hawaii Rules of Evidence (HRE) Rules
401, 402, & 403. Nevertheless, the error was harmless because
"given the effect to which the whole record shows it is
entitled," State v. Sprattling, 99 Hawai‘i 312, 320, 55 P.3d 276,
284 (2002), the error did not affect Chamberlain's substantial

rights. HRE Rule 403; Hawaii Rules of Penal Procedure Rule 52(a)
("Any error, defect, irregularity or variance which does not
affect substantial rights shall be disregarded."). Evidence
adduced by Chamberlain at trial as well as the court's jury
instructions, Haanio, 94 Hawai‘i at 415, 16 P.3d at 256, served
to counterbalance any improper inference on the part of the jury
resulting from admission of the evidence.’

(3) The circuit court did not err or violate
Chamberlain's constitutional rights by admitting into evidence
Complainant's testimony regarding his skateboarding abilities and
aspirations to become a professional skateboarder prior to the
accident. The evidence showed the extent to which Chamberlain

had lost the function of his leg due to the accident, which, in

3 At trial, Defense Counsel cross-examined Complainant extensively
about his knowledge that the motorcycle was not insured and he did not have a
license to drive it and about the tickets Officer Aoki issued to him for not
having insurance and a motorcycle license and for speeding. That testimony
supported Chamberlain's theory that Complainant was riding the motorcycle
irresponsibly and unsafely at the time of the accident. Further, Defense
Counsel cross-examined Complainant about his speed relative to the cars in
front of him and where he was looking when he was about to cross the bridge,
to support Chamberlain's theory that Complainant was tailgating and
inattentive at the time of the accident. This evidence served to
counterbalance any improper inference on the part of the jury that
Complainant's job responsibilities at the time of trial showed he was
responsibly and safely operating the motorcycle at the time of the accident.

With regard to Chamberlain's argument that the evidence unfairly
prejudiced her because it led the jury to sympathize with Complainant, the
fact that the evidence may have made Complainant more sympathetic to the jury
alone is not proof that the evidence was unduly prejudicial. Further, the
circuit court instructed the jury to "not be influenced by pity for the
defendant," and the jury is presumed to follow the court's instructions.
Haanio, 94 Hawai'i at 415, 16 P.3d at 256.

3
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

turn, showed how serious his "bodily injury" was, pursuant to HRS
§ 707-700 (1993). HRS §§ 707-700 & 707-705.

(4) The Prosecutor did not commit prosecutorial
misconduct that deprived Chamberlain of her right to a fair
trial. State v. Maluia, 107 Hawai'i 20, 26, 108 P.3d 974, 980

(2005) (stating that in making a prosecutorial misconduct

determination, a court must consider whether the misconduct was
harmless beyond a reasonable doubt); State v. Churchill, 4 Haw.
App. 276, 285, 664 P.2d 757, 763-64 (1983) (stating that
prosecutorial misconduct must deprive the defendant of a fair and

impartial trial if it is to form the basis for setting aside a
jury verdict).

Therefore,

IT IS HEREBY ORDERED that the Judgment, Conviction and
Probation Sentence filed on October 10, 2006 in the Circuit Court
of the Second Circuit is affirmed.

DATED: Honolulu, Hawai‘i, July 26, 2010.

On the briefs:

James S. Tabe, —
Deputy Public Defender, ~
for Defendant-Appellant. .

Presiding Judge

Richard K. Minatoya,
Deputy Prosecuting Attorney,
County of Maui,

for Plaintiff-Appellee. Z, .
Tor

Associate Judge

l}

Nssociate Judge