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7 Hawaii opinions name it 2 courts 1991–2026 3 in the last five years
The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Alstongreen2 sentences2026In particular, we note that an offense may not be an included offense under HRS § 701-109(4)(c) if it requires a "mental state greater than or different from that which is required for the charged offense." State v. Kaeo, 132 Hawaiʻi 451, 461, 323 P.3d 95, 105 (2014) (internal quotation marks omitted) (quoting State v. Alston, 75 Haw. 517, 534 , 865 P.2d 157, 166 (1994)). 2026In particular, we note that an offense may not be an included offense under HRS § 701-109(4)(c) if it requires a "mental state greater than or different from that which is required for the charged offense." State v. Kaeo, 132 Hawaiʻi 451, 461, 323 P.3d 95, 105 (2014) (internal quotation marks omitted) (quoting State v. Alston, 75 Haw. 517, 534 , 865 P.2d 157, 166 (1994)). | 2 | 3 |
State v. Kaeo.green2 sentences2026In particular, we note that an offense may not be an included offense under HRS § 701-109(4)(c) if it requires a "mental state greater than or different from that which is required for the charged offense." State v. Kaeo, 132 Hawaiʻi 451, 461, 323 P.3d 95, 105 (2014) (internal quotation marks omitted) (quoting State v. Alston, 75 Haw. 517, 534, 865 P.2d 157, 166 (1994)). 2026In particular, we note that an offense may not be an included offense under HRS § 701-109(4)(c) if it requires a "mental state greater than or different from that which is required for the charged offense." State v. Kaeo, 132 Hawaiʻi 451, 461, 323 P.3d 95, 105 (2014) (internal quotation marks omitted) (quoting State v. Alston, 75 Haw. 517, 534 , 865 P.2d 157, 166 (1994)). | 1 | 1 |
State v. Friedmangreen1 sentence2022See State v. Rumbawa, 94 Hawai#i 513, 516, 17 P.3d 862, 865 (App. 2001) (citing State v. Friedman, 93 Hawai#i 63, 68, 996 P.2d 268, 273 (2000)). | 1 | 1 |
State v. Rumbawagreen1 sentence2022See State v. Rumbawa, 94 Hawai#i 513, 516, 17 P.3d 862, 865 (App. 2001) (citing State v. Friedman, 93 Hawai#i 63, 68, 996 P.2d 268, 273 (2000)). | 1 | 1 |
State v. Kinnanegreen1 sentence2016Put differently, the uncharged offense is an "included" offense under HRS § 701-109(4) (a) if it is impossible to commit the charged offense without also committing the uncharged offense." State v. Kinnane, 79 Hawai‘i 46, 55, 897 P.2d 973, 982 (1995) (citing State v. Alston, 75 Hawai‘i 517, 533, 865 P.2da 157, 166 (1994)). | 1 | 1 |
State v. Aiugreen2 sentences1991State v. Aiu, 59 Haw. 92, 96 , 576 P.2d 1044, 1047 (1978). 1991State v. Aiu, 59 Haw. 92, 96 , 576 P.2d 1044, 1047 (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Flores v. State
green
1 sentence2022"An offense is a lesser included offense under HRS § 701-109(4)(c) if it either (a) creates a 'less serious risk of injury' to the same person or (b) 'a different state of mind indicating a lesser degree of culpability suffices to establish its commission.'" Flores, 131 Hawai#i at 52, 314 P.3d at 129 (quoting HRS § 701- 109(4)(c)). | 1 | 2022–2022 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.