section 707-702(1) manslaughter (Hawaii) · Go Syfert
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section 707-702(1) manslaughter in Hawaii

6 Hawaii opinions name it 2 courts 1995–2003 0 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.

Followed or applied (4)

CaseFollowedCited
State v. Matiasgreen
haw · 1992 · cited in 3 Hawaii opinions naming this issue, 1995–2003
2 sentences

2003See also State v. Matias, 74 Haw. 197, 206 , 840 P.2d 374, 378 (1992) (“Based on the foregoing clear authority, [the defendant] is manifestly mistaken in arguing that the question of self-control on the part of the killer is not relevant to the issue of whether a murder should be mitigated to manslaughter under HRS § 707-702(2).”).

2003See also State v. Matias, 74 Haw. 197, 206 , 840 P.2d 374, 378 (1992) (“Based on the foregoing clear authority, [the defendant] is manifestly mistaken in arguing that the question of self-control on the part of the killer is not relevant to the issue of whether a murder should be mitigated to manslaughter under HRS § 707-702(2).”).

23
State v. Holbrongreen
haw · 1995 · cited in 2 Hawaii opinions naming this issue, 1996–1996
2 sentences

1996State v. Holbron, 80 Hawai'i 27, 32 , 904 P.2d 912, 917 , reconsideration denied, 80 Hawai'i 187 , 907 P.2d 773 (1995) (citations, footnote, brackets, and quotation signals omitted) (emphasis in original). “[T]here can be no offense of ‘attempted manslaughter’ within the meaning of HRS § 707-702(l)(a)[.]” Id. at 45, 904 P.2d at 930 .

1996State v. Holbron, 80 Hawai'i 27, 32 , 904 P.2d 912, 917 , reconsideration denied, 80 Hawai'i 187 , 907 P.2d 773 (1995) (citations, footnote, brackets, and quotation signals omitted) (emphasis in original). “[T]here can be no offense of ‘attempted manslaughter’ within the meaning of HRS § 707-702(l)(a)[.]” Id. at 45, 904 P.2d at 930 .

12
State v. Maelegagreen
haw · 1995 · cited in 1 Hawaii opinions naming this issue, 1996–1996
2 sentences

1996See Maelega, 80 Hawai'i at 177 , 907 P.2d at 763 ; see also State v. Russo, 69 Haw. 72, 76 , 734 P.2d 156, 158 (1987) (holding that the trial court is not obligated to instruct the jury on the mitigating defense of extreme mental or emotional disturbance manslaughter if evidence to support the defense is clearly lacking); HRS § 701-115(2) (1993) (“No defense may be considered by the trier of fact unless evidence of the specified facts or facts has been presented.”).

1996See Maelega, 80 Hawai'i at 177 , 907 P.2d at 763 ; see also State v. Russo, 69 Haw. 72, 76 , 734 P.2d 156, 158 (1987) (holding that the trial court is not obligated to instruct the jury on the mitigating defense of extreme mental or emotional disturbance manslaughter if evidence to support the defense is clearly lacking); HRS § 701-115(2) (1993) (“No defense may be considered by the trier of fact unless evidence of the specified facts or facts has been presented.”).

11
State v. Russogreen
haw · 1987 · cited in 1 Hawaii opinions naming this issue, 1996–1996
2 sentences

1996See Maelega, 80 Hawai'i at 177 , 907 P.2d at 763 ; see also State v. Russo, 69 Haw. 72, 76 , 734 P.2d 156, 158 (1987) (holding that the trial court is not obligated to instruct the jury on the mitigating defense of extreme mental or emotional disturbance manslaughter if evidence to support the defense is clearly lacking); HRS § 701-115(2) (1993) (“No defense may be considered by the trier of fact unless evidence of the specified facts or facts has been presented.”).

1996See Maelega, 80 Hawai'i at 177 , 907 P.2d at 763 ; see also State v. Russo, 69 Haw. 72, 76 , 734 P.2d 156, 158 (1987) (holding that the trial court is not obligated to instruct the jury on the mitigating defense of extreme mental or emotional disturbance manslaughter if evidence to support the defense is clearly lacking); HRS § 701-115(2) (1993) (“No defense may be considered by the trier of fact unless evidence of the specified facts or facts has been presented.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. Holbron green
haw · 1995
2 sentences

1996State v. Holbron, 80 Hawai'i 27, 32 , 904 P.2d 912, 917 , reconsideration denied, 80 Hawai'i 187 , 907 P.2d 773 (1995) (citations, footnote, brackets, and quotation signals omitted) (emphasis in original). “[T]here can be no offense of ‘attempted manslaughter’ within the meaning of HRS § 707-702(l)(a)[.]” Id. at 45, 904 P.2d at 930 .

1996State v. Holbron, 80 Hawai'i 27, 32 , 904 P.2d 912, 917 , reconsideration denied, 80 Hawai'i 187 , 907 P.2d 773 (1995) (citations, footnote, brackets, and quotation signals omitted) (emphasis in original). “[T]here can be no offense of ‘attempted manslaughter’ within the meaning of HRS § 707-702(l)(a)[.]” Id. at 45, 904 P.2d at 930 .

21996–1996
State v. Tagaro green
hawapp · 1987
2 sentences

1996After deliberations, the jury convicted Samonte of the lesser included offense of “attempted manslaughter by reckless conduct” in violation of HRS § 705-500 and HRS § 707-702(l)(a) (1993). 15 We have held that “HRS §§ 705-500 and 707-702(l)(a) do not and cannot give rise to the offense of ‘attempted manslaughter’ under any cireumstances[.]” State v. Holbron, 80 Hawai'i 27, 29 , 904 P.2d 912, 914 (1995) (overruling State v. Tagaro, 7 Haw.App. 291 , 757 P.2d 1175 (1987)), reconsideration denied, 80 Hawai'i 187 , 907 P.2d 773 (1995). “[I]n light of this jurisdiction’s criminal attempt liability s

1996After deliberations, the jury convicted Samonte of the lesser included offense of “attempted manslaughter by reckless conduct” in violation of HRS § 705-500 and HRS § 707-702(l)(a) (1993). 15 We have held that “HRS §§ 705-500 and 707-702(l)(a) do not and cannot give rise to the offense of ‘attempted manslaughter’ under any cireumstances[.]” State v. Holbron, 80 Hawai'i 27, 29 , 904 P.2d 912, 914 (1995) (overruling State v. Tagaro, 7 Haw.App. 291 , 757 P.2d 1175 (1987)), reconsideration denied, 80 Hawai'i 187 , 907 P.2d 773 (1995). “[I]n light of this jurisdiction’s criminal attempt liability s

11996–1996

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 707-702 (6) HI § Haw. Rev. Stat. § 707-701 (5) HI § Haw. Rev. Stat. § 701-109 (3) HI § Haw. Rev. Stat. § 705-500 (3) HI § Haw. Rev. Stat. § 706-656 (3)

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.

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