No. 26359 (September 11, 2008)
Opinion [pdf]
OPINION OF THE COURT BY MOON, C.J.
On June 4, 2008, this court accepted a timely application for a writ of certiorari, filed on May 12, 2008 by petitioner/defendant-appellant Alfred J. Roman, requesting this court to review the February 11, 2008 judgment of the Intermediate Court of Appeals (ICA), entered pursuant to its January 22, 2008 summary disposition order. See State v. Roman, No. 26359 (App. Jan. 22, 2008) (SDO) (Dissent by Foley, J.). Therein, the ICA affirmed the Family Court of the Third Circuit's December 26, 2003 judgment, entered subsequent to a bench trial, convicting Roman of and sentencing him for abuse of family or household members, in violation of Hawai'i Revised Statutes (HRS) § 709-906(1) (Supp. 2005).
In his application, Roman argues, inter alia, that, although the ICA correctly concluded that the family court wrongly ruled that the parental discipline defense under HRS § 703-309(1) (1993), quoted infra, was inapplicable to the instant case, it erred in ultimately affirming his conviction. Specifically, Roman contends that the ICA erred in holding that the family court's erroneous refusal to apply the parental discipline defense was harmless based on its conclusion that respondent/plaintiff-appellee State of Hawai'i (the prosecution) had adduced sufficient evidence at trial to negate the defense beyond a reasonable doubt. Oral argument before the supreme court was held on August 21, 2008.
As discussed more fully infra, we agree with the ICA that the family court erred in ruling that the parental discipline defense was inapplicable, but hold that the ICA erred in concluding that the family court's erroneous ruling was harmless. Consequently, we vacate the ICA's February 11, 2008 judgment and reverse the family court's December 26, 2003 judgment. [footnotes omitted]
