State v. Mundon.

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 es-toppel embodied in the double jeopardy clause of article I, section 10 of the Hawai'i Constitution. Because of the likelihood of retrial, we also hold that the court (1) did not err…