Oral Argument Before the Hawaii Supreme Court

No. SCWC-10-0000101, Thursday, October 18, 2012, 11 a.m.

STATE OF HAWAI`I, Respondent/Plaintiff-Appellee, vs. JAMES MUNDON, Petitioner/Defendant-Appellant.

Attorney for Petitioner/Defendant-Appellant:

Stuart N. Fujioka

Attorneys for Respondent/Plaintiff-Appellee:

Shaylene Iseri-Carvalho, Prosecuting Attorney, and Charles A. Foster, Deputy Prosecuting Attorney

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Ali`iolani Hale
417 South King Street
Honolulu, HI 96813

NOTE: Certificate of recusal, by Chief Justice Mark E. Recktenwald, filed 07/31/12.

NOTE: Order assigning Circuit Court Judge Rhonda A. Nishimura, in place of CJ Recktenwald, recused, filed 08/06/12.

NOTE: Order accepting Application for Writ of Certiorari, filed 09/05/12.

COURT: PAN, Acting CJ; SRA, SSM, RWP, JJ; Circuit Court Judge Rhonda A. Nishimura, in place of CJ Recktenwald, recused.

[ Listen to the entire audio recording in mp3 format ]

Brief Description: Respondent State of Hawai`i charged Petitioner James Mundon in a 28-count indictment as follows: four counts of Sexual Assault in the Third Degree (Petitioner’s hand on Complainant’s genitals); two counts of Terroristic Threatening in th First Degree (TT1); five counts of Sexual Assault in the Third Degree (Petitioner’s hand on Complainant’s breast); twelve counts of Sexual Assault in the Third Degree (Petitioner’s mouth on Complainant’s breast); one count of Attempted Sexual Assault in the Third Degree (Complainant’s hand on Petitioner’s penis); one count of Kidnapping; one count of Assault in the Third Degree (bodily injury); one count of Attempted Assault in the First Degree (bodily injury), and one count of Attempted Sexual Assault in the First Degree (attempted digital penetration).

In Petitioner’s first trial, he was acquitted of all counts of Sexual Assault in the Third Degree (hand on genitals, hand on breast, mouth on breast), one count of TT1, and the one count of Attempted Sexual Assault in the Third Degree (hand on penis). Petitioner was found guilty on one count of TT1, the one count of Kidnapping, the one count of Assault in the Third Degree, the one count of Attempted Assault in the First Degree, and one count of Attempted Sexual Assault in the First Degree (attempted digital penetration). On certiorari, the Supreme Court reversed Petitioner’s conviction for TT1 and remanded the remaining counts for a new trial.

In Petitioner’s second trial, Respondent introduced the acts for which Petitioner was acquitted in his first trial. Petitioner asks whether the court erred by (1) denying his discovery request, (2) admitting evidence of acts for which he was acquitted in the first trial, (3) limiting his cross-examination of Complainant, (4) permitting Respondent to refer to Complainant as “ the victim,” and (5) imposing a consecutive sentence.

 

 

 

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