State v. Ah-Key (Summary Disposition Order)

NO. 26868

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee, v.

JACK JACOB AH-KEY, Defendant-Appellant

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(FC-CR NO. 00-1-2901)

SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Watanabe and Lim, JJ.)

Jack Jacob Ah-Key appeals the September 10, 2004 judgment of the Family Court of the First Circuit (family court) ⁽¹⁾ that convicted him, as charged, of abuse of a family or household member and terroristic threatening in the second degree.

After a meticulous review of the record and the briefs submitted by the parties, and giving careful consideration to the arguments advanced and the issues raised by the parties, we hold that (1) the family court was not wrong to admit oral statements made by the complaining witness to a responding police officer, Hawaii Rules of Evidence Rule 803(b)(2) (1993); State v. Moore, 82 Hawai‘i 202, 217, 921 P.2d 122, 137 (1996); State v. Clark, 83 Hawai‘i 289, 297, 926 P.2d 194, 202 (1996), and (2) the deputy prosecuting attorney did not commit misconduct during closing arguments. Clark, 83 Hawai‘i at 305, 926 P.2d at 210.

Therefore,

IT IS HEREBY ORDERED that the September 10, 2004 judgment of the family court is affirmed.

DATED: Honolulu, Hawai‘i, November 16, 2005.

On the briefs:

Emmanuel G. Guerrero
for Defendant-Appellant.

Stephen K. Tsushima,
Deputy Prosecuting Attorney,
City and County of Honolulu,
for Plaintiff-Appellee.

1. The Honorable Michael D. Wilson presided over the jury trial. The Honorable Patrick W. Border presided over the sentencing.