State v. Valeros
Annotate this CaseAfter a jury trial, Defendant Brandon Valeros was charged with assault in the second degree. The Intermediate Court of Appeals (ICA) affirmed the circuit court's decision. The Supreme Court vacated the ICA's judgment and circuit court's judgment of conviction and sentence of Defendant, holding that the failure of the prosecution to disclose an alibi-rebuttal witness was a violation of Haw. R. Pen. P. 12.1 even though the witness had been previously listed as the alibi witness of Defendant, as the witness apparently unbeknownst to Defendant became the prosecution's witness. Hence, in the absence of a good cause for granting an exception to the requirements of Rule 12.1, it was error for the circuit court to allow that witness to testify in order to rebut Defendant's alibi defense. Remanded.
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