Prosecution Can't Use Evidence from Trial Resulting in Acquittal
State
v. Mundon (HSC December 5, 2012) Background. James Mundon was initially indicted with
twenty-eight counts including various degrees of sexual assault, kidnapping,
assault, and terroristic threatening. The counts stem from an incident that
took place in a single night. At the first trial, Mundon represented himself
and had standby counsel. He was found guilty of terroristic threatening in the
first degree, attempted assault in the first, assault in the third degree, and
attempted sexual assault in the first degree. Mundon appealed and challenged
the jury instructions. The HSC agreed, reversed the terroristic threateningcounty, vacated the rest, and remanded the case for retrial. Trial. Just before opening
statements, the prosecution announced that it would be introducing evidence of
acts for which Mundon had been acquitted. Mundon objected, but the circuit
court overruled the objection. The complainant testified that
she came to Kauai from Canada. On her second day, she met Mundon i…