State v. Maluia

Concurring and Dissenting Opinion by

NAKAYAMA, J., in which MOON, C.J., joins.

We are once again called upon to determine whether a prosecutor’s pointed cross-examination of a defendant oversteps the bounds of permissible advocacy in a criminal proceeding. At issue is the following exchange between the prosecution and defendant-appellant Sapatumoeese Maluia (Mal-uia):

[DEPUTY PROSECUTING ATTORNEY (DPA):] Now let me ask you this, Mr. [Maluia]. Had you ever seen Mr. Eugene Kepa [ (Kepa) ] before he came into court the other day?

[MALUIA:] Never have.

[DPA:] Okay. You never saw him there on Thursday…