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7 Hawaii opinions name it 2 courts 2010–2026 4 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. Barrios.green2 sentences2026See Barrios, 139 Hawaiʻi at 333, 389 P.3d at 928 (“Absent clear 12 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706–606.”) (citation omitted). 2026See Barrios, 139 Hawaiʻi at 333, 389 P.3d at 928 (“Absent clear 12 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706–606.”) (citation omitted). | 2 | 2 |
State v. Kong.green2 sentences2022Rather, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706- 606." Id. at 350-51, 452 P.3d at 347 -48 (quoting Kong, 131 Hawai#i at 102, 315 P.3d at 72 ) (internal footnote and quotations omitted). 2021Thus, "'[a]bsent clear evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing 17 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER concurrent or consecutive terms of imprisonment under HRS § 706–606.'" Id. at 333, 389 P.3d 928 (quoting Kong I, 131 Hawai#i at 102, 315 P.3d at 728 (quoting Hussein, 122 Hawai#i at 503, 229 P.3d at 321 )). | 1 | 3 |
State v. Hussein.green2 sentences2021Thus, "'[a]bsent clear evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing 17 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER concurrent or consecutive terms of imprisonment under HRS § 706–606.'" Id. at 333, 389 P.3d 928 (quoting Kong I, 131 Hawai#i at 102, 315 P.3d at 728 (quoting Hussein, 122 Hawai#i at 503, 229 P.3d at 321 )). 2013Rather, “it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706- 606.” Id. at 503, 229 P.3d at 321 (citations omitted). | 1 | 2 |
State v. Vellinagreen2 sentences2010As in this case, “[a]bsent clear evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706—606[ ].” Tauiliili, 96 Hawai'i at 199 , 29 P.3d at 918 ; see also State v. Rivera, 106 Hawai'i 146, 163 , 102 P.3d 1044, 1061 (2004); State v. Vellina, 106 Hawai'i 441, 449 , 106 P.3d 364, 372 (2005). 2010As in this case, “[a]bsent clear evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706—606[ ].” Tauiliili, 96 Hawai'i at 199 , 29 P.3d at 918 ; see also State v. Rivera, 106 Hawai'i 146, 163 , 102 P.3d 1044, 1061 (2004); State v. Vellina, 106 Hawai'i 441, 449 , 106 P.3d 364, 372 (2005). | 1 | 1 |
State v. Riverared2 sentences2010As in this case, “[a]bsent clear evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706—606[ ].” Tauiliili, 96 Hawai'i at 199 , 29 P.3d at 918 ; see also State v. Rivera, 106 Hawai'i 146, 163 , 102 P.3d 1044, 1061 (2004); State v. Vellina, 106 Hawai'i 441, 449 , 106 P.3d 364, 372 (2005). 2010As in this case, “[a]bsent clear evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706—606[ ].” Tauiliili, 96 Hawai'i at 199 , 29 P.3d at 918 ; see also State v. Rivera, 106 Hawai'i 146, 163 , 102 P.3d 1044, 1061 (2004); State v. Vellina, 106 Hawai'i 441, 449 , 106 P.3d 364, 372 (2005). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lewi v. State.
green
1 sentence2022Rather, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706- 606." Id. at 350-51, 452 P.3d at 347 -48 (quoting Kong, 131 Hawai#i at 102, 315 P.3d at 72 ) (internal footnote and quotations omitted). | 1 | 2022–2022 |
State v. Kahapea
green
1 sentence2021In State v. Kahapea, the supreme court considered, inter alia, whether the trial court abused its discretion in denying a defendant's HRPP Rule 35 motion where the defendant's sentence to consecutive terms of imprisonment for theft of public funds was significantly greater than the sentences of the defendant's co-conspirators and sentences imposed on defendants in other cases involving the theft of public funds. 111 Hawai#i 267, 141 P.3d 440 . | 1 | 2021–2021 |
State v. Tauiliili
green
2 sentences2010As in this case, “[a]bsent clear evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706—606[ ].” Tauiliili, 96 Hawai'i at 199 , 29 P.3d at 918 ; see also State v. Rivera, 106 Hawai'i 146, 163 , 102 P.3d 1044, 1061 (2004); State v. Vellina, 106 Hawai'i 441, 449 , 106 P.3d 364, 372 (2005). 2010As in this case, “[a]bsent clear evidence to the contrary, it is presumed that a sentencing court will have considered all factors before imposing concurrent or consecutive terms of imprisonment under HRS § 706—606[ ].” Tauiliili, 96 Hawai'i at 199 , 29 P.3d at 918 ; see also State v. Rivera, 106 Hawai'i 146, 163 , 102 P.3d 1044, 1061 (2004); State v. Vellina, 106 Hawai'i 441, 449 , 106 P.3d 364, 372 (2005). | 1 | 2010–2010 |
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.