Masui v American Samoa Government [2013] ASHC 6; AP 19-10 (16 January 2013)

SLIP OPINIONS

OF THE

APPELLATE DIVISION

OF THE

HIGH COURT OF AMERICAN SAMOA

(2013)

ASOVALE MASUI,
Appellant,

v.

AMERICAN SAMOA GOVERNMENT,
Appellee.

The High Court of American Samoa
Appellate Division

AP No. 19-10

January 16, 2013

[1] Any errors or irregularities at trial which does not affect substantial rights shall be disregarded.

[2] There may be some constitutional errors in a particular case which are so unimportant and insignificant that they may be deemed harmless and do not require the automatic reversal of the conviction.

[3] Constitutional error is harmless only when it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.

[4] Where the error involves a non-constitutional matter, such error is deemed harmless unless it is more probable than not that the error did not materially affect the verdict.

[5] The Territory‘s "rape-shield" rule generally provides that in a criminal case in which the defendant is accused of rape or assault with intent to commit rape, reputation or opinion evidence of the past sexual behavior of an alleged victim of such rape or assault is not admissible.

[6] The purpose of rape-shield statutes is to protect rape victims from the embarrassing disclosure of the details of their private lives, to encourage reporting of sexual assaults, and to prevent wasting time on distracting collateral and irrelevant matters.

[7] Evidence of a victim‘s past sexual behavior may be admissible if it is evidence of past sexual behavior with persons other than the accused, and it is offered on the issue of whether or not the accused was the source of the semen or injury, but only upon a determination that the probative value of such evidence outweighs the danger of unfair prejudice.

[8] Generally, hearsay is not admissible into evidence, but there are exceptions to this rule.

[9] Statements made for medical treatment and describing medical history, past or present symptoms, or the inception or general character of the cause of symptoms are admissible.

[10] Reports of acts, events, conditions, opinions or diagnoses may be admitted as evidence of those matters if the writing: (a) was made at or near the time of the acts, events, condition, opinions, or diagnoses recorded; (b) was made by, or from information transmitted by, a person with knowledge; (c) was kept in the course of regularly conducted activity; and (d) was made as the regular practice of that activity.

Before RICHMOND, Associate Justice; WARD, Associate Justice; PATEA^[1]