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STATE v. MUNDON

No. SCWC-10-0000101.

292 P.3d 205 (2012)

STATE of Hawai'i, Respondent/Plaintiff-Appellee, v. James MUNDON, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

December 5, 2012.

Attorney(s) appearing for the Case

Stuart N. Fujioka, for petitioner.

Charles A. Foster, for respondent.

NAKAYAMA, Acting C.J., ACOBA, McKENNA, and POLLACK JJ., and Circuit Judge NISHIMURA, in place of RECKTENWALD, C.J., Recused.

Opinion of the Court by ACOBA, J.

We hold, that the Circuit Court of the Fifth Circuit (the court)1 erred by permitting Respondent/Plaintiff-Appellee State of Hawai`i (Respondent) to introduce evidence of acts allegedly committed by Petitioner/Defendant-Appellant James Mundon (Petitioner) for which a jury had acquitted him in a prior trial. The introduction of such evidence violates the principle of collateral estoppel embodied in the...

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