Latest Case: State v. Engelby (Criminal Law)

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State v. Engelby

Docket: SCWC-15-0000724

Opinion Date: June 12, 2020

Judge: Mark E. Recktenwald

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) affirming Defendant's conviction for two counts of sexual assault in the first degree for molesting a minor child, holding that the testimony of Dr. Alexander Bivens, the State's expert witness in child sexual assault dynamics, did not improperly profile Defendant as a child molester. The challenged testimony was not introduced during the State's case-in-chief but, rather, was elicited by the defense during cross-examination. The State further developed that testimony on redirect examination without any objection by the defense. On appeal, Defendant argued that the testimony impermissibly bolstered the child's credibility and improperly profiled him as a molester. The ICA affirmed, concluding that the testimony neither impermissibly profiled nor unduly prejudiced Defendant. The Supreme Court affirmed, holding (1) Defendant did not properly preserve his claim about bolstering and waived his ability to challenge the statements under Haw. R. Evid. 103(a)(1); (2) under plain error review, Defendant's substantial rights were not affected; and (3) the testimony did not improperly profile Defendant as a child molester.