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6 Hawaii opinions name it 2 courts 2003–2022 1 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. Samontegreen1 sentence2022Therefore, Canosa's second sentence was more severe and violated HRS § 706–609, and we must remand. 5 HRS § 706–662 (2014) provides, in relevant part: A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria: (1) The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies co | 1 | 1 |
State v. Kahapeagreen2 sentences2006And as was recently held by the supreme court, State v. Kahapea, 111 Hawai'i 267 , 141 P.3d 440, 452 (2006), the Apprendi principles were in no way implicated when the circuit court ordered Defendant to serve the prison terms for his sexual assaults on the nine-year-old girl consecutively to the prison terms for his sexual assaults on the eight-year-old girl. 2006And as was recently held by the supreme court, State v. Kahapea, 111 Hawai'i 267 , 141 P.3d 440, 452 (2006), the Apprendi principles were in no way implicated when the circuit court ordered Defendant to serve the prison terms for his sexual assaults on the nine-year-old girl consecutively to the prison terms for his sexual assaults on the eight-year-old girl. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Apprendi v. New Jersey
green
2 sentences2018The court shall not make this finding unless: (a) The defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for felony; or (b) The maximum terms of imprisonment authorized for each of the defendant's crimes, if made to run consecutively would equal or exceed in length the maximum of the extended term imposed, or would equal or exceed forty years if the extended term imposed is for a class A felony. . . . 2 ***NOT FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER*** Jersey, 530 U.S. 466 (2000), Batalona argued that a jury must determine 2010Under the United States Supreme Court’s holding in Cunningham v. California, 549 U.S. 270 , 127 S.Ct. 856 , 166 L.Ed.2d 856 (2007), that motion was subject to the requirements of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). | 2 | 2010–2018 |
Cunningham v. California
green
2 sentences2010Under the United States Supreme Court’s holding in Cunningham v. California, 549 U.S. 270 , 127 S.Ct. 856 , 166 L.Ed.2d 856 (2007), that motion was subject to the requirements of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). 2010Under the United States Supreme Court’s holding in Cunningham v. California, 549 U.S. 270 , 127 S.Ct. 856 , 166 L.Ed.2d 856 (2007), that motion was subject to the requirements of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). | 2 | 2008–2010 |
Keawe v. State
green
1 sentence2022Therefore, Canosa's second sentence was more severe and violated HRS § 706–609, and we must remand. 5 HRS § 706–662 (2014) provides, in relevant part: A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria: (1) The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies co | 1 | 2022–2022 |
State v. Jess
green
2 sentences2010State v. Jess, 117 Hawai'i 381 , 388 n. 4, 184 P.3d 133 , 140 n. 4 (2008) (brackets and citation omitted). 2010State v. Jess, 117 Hawai'i 381 , 388 n. 4, 184 P.3d 133 , 140 n. 4 (2008) (brackets and citation omitted). | 1 | 2010–2010 |
State v. White
green
2 sentences2006As was recently reiterated and confirmed by the supreme court, State v. White, 110 Hawai'i 79 , 82 n. 4, 129 P.3d 1107 , 1109 n. 4 (2006), the circuit court did not offend the principles of Apprendi when it sentenced Defendant to extended indeterminate terms of imprisonment under HRS §§ 706-661(4) and -662(4)(a). 2006As was recently reiterated and confirmed by the supreme court, State v. White, 110 Hawai'i 79 , 82 n. 4, 129 P.3d 1107 , 1109 n. 4 (2006), the circuit court did not offend the principles of Apprendi when it sentenced Defendant to extended indeterminate terms of imprisonment under HRS §§ 706-661(4) and -662(4)(a). | 1 | 2006–2006 |
State v. Uganiza
green
2 sentences2003The court shall not make this finding unless the defendant has previously been convicted of two felonies committed at different times when the defendant was eighteen years of age or older. [4] In State v. Uganiza, 68 Haw. 28 , 702 P.2d 1352 (1985), this court also addressed issues generated by oral findings by the lower court: In ruling on the [defendant's] motion [to suppress], the lower court did not make written findings and conclusions as required by [HRPP] Rule 12(e).... 2003The court shall not make this finding unless the defendant has previously been convicted of two felonies committed at different times when the defendant was eighteen years of age or older. [4] In State v. Uganiza, 68 Haw. 28 , 702 P.2d 1352 (1985), this court also addressed issues generated by oral findings by the lower court: In ruling on the [defendant's] motion [to suppress], the lower court did not make written findings and conclusions as required by [HRPP] Rule 12(e).... | 1 | 2003–2003 |
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.