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STATE v. MABUTI

Nos. 14274, 14178.

807 P.2d 1264 (1991)

STATE of Hawaii, Plaintiff-Appellee, v. Joefrey MABUTI, Defendant-Appellant, and Isabelo Barut, Jr., Edwin Dureg, Henry Lagunero, Vincente Acosta, Reynaldo Felipe, Joseph Acoba, Enrique Pintoy, Simeon Rojas, Allan Sildora, June Bayudan and Ernest Dela Rama, Jr., Defendants. and STATE of Hawaii, Plaintiff-Appellee, v. Vicente ACOSTA, Defendant-Appellant, and Isabelo Barut, Jr., Edwin Dureg, Henry Lagunero, Joefrey Mabuti, Reynaldo Felipe, Joseph Acoba, Enrique Pintoy, Simeon Rojas, Allan Sildora, June Bayudan and Ernest Dela Rama, Jr., Defendants.

Supreme Court of Hawaii.

March 21, 1991.

Attorney(s) appearing for the Case

Collin K.C. Lau, Honolulu, for defendant-appellant Joefrey Mabuti.

Patricia A. Loo, Deputy Pros. Atty., Honolulu, for plaintiff-appellee in No. 14274.

Joseph R. Mottl, III, Honolulu, for defendant-appellant Vicente Acost.

Caroline M. Mee, Deputy Pros. Atty., Honolulu, for plaintiff-appellee in No. 14178.

LUM, C.J., and PADGETT, HAYASHI, WAKATSUKI and MOON, JJ.

LUM, Chief Justice.

This court is called upon to examine the separate appeals of two co-defendants who were jointly tried; both were convicted of murder.1 In these appeals, Appellant Joefrey Mabuti and Appellant Vicente Acosta argue that a mistrial should have been declared when potentially prejudicial, non-evidentiary matters were allegedly injected into jury deliberations. Next they argue that newly discovered evidence justified granting...

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