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5 Hawaii opinions name it 2 courts 1998–2019 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.
| Case | Followed | Cited |
|---|---|---|
State v. Maumalangagreen2 sentences2019Thus, it 11 In Maumalanga, 90 Hawai i at 58, 976 P.2d at 372 , this court held that “all of the elements of the choice of evils defense [were] contained within the express language of HRS § 703-302[,]” and further, that any “common law formulations . . . [were] superseded by the adoption of the Hawai i Penal Code.” See id.; see also State v. Friedman, 93 Hawai i 63, 71, 996 P.2d 268, 276 (2000). 2018However, on appeal, Kauhane argues that the jury was entitled to consider Kauhane's choice of evils defense under HRS § 703-302 (2014) 8 "by weighing the reasonableness of his belief that his obstructing conduct was necessary to avoid an imminent harm or evil to himself or other Hawaiians by 'walking in his shoes.' " In State v. Maumalanga , 90 Hawai'i 58 , 63, 976 P.2d 372 , 377 (1998), the Hawai'i Supreme Court held that "all of the elements of *1205 the choice of evils defense are contained within the express language of HRS § 703-302 [.]" See also State v. Friedman , 93 Hawai'i 63 , 71, 99 | 2 | 4 |
State v. Friedmangreen2 sentences2019Thus, it 11 In Maumalanga, 90 Hawai i at 58, 976 P.2d at 372 , this court held that “all of the elements of the choice of evils defense [were] contained within the express language of HRS § 703-302[,]” and further, that any “common law formulations . . . [were] superseded by the adoption of the Hawai i Penal Code.” See id.; see also State v. Friedman, 93 Hawai i 63, 71, 996 P.2d 268, 276 (2000). 2018However, on appeal, Kauhane argues that the jury was entitled to consider Kauhane's choice of evils defense under HRS § 703-302 (2014) 8 "by weighing the reasonableness of his belief that his obstructing conduct was necessary to avoid an imminent harm or evil to himself or other Hawaiians by 'walking in his shoes.' " In State v. Maumalanga , 90 Hawai'i 58 , 63, 976 P.2d 372 , 377 (1998), the Hawai'i Supreme Court held that "all of the elements of *1205 the choice of evils defense are contained within the express language of HRS § 703-302 [.]" See also State v. Friedman , 93 Hawai'i 63 , 71, 99 | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Maumalanga
green
2 sentences2019This court based its ruling on the concurring and dissenting opinion of then-Judge Acoba, who acknowledged in the ICA that “[t]he term ‘believes’ in HRS § 703-302 meant ‘reasonably believes[,]’” and further, that “this definition [of belief] . . . was intended by the legislature to incorporate a ‘reasonable [person] standard.’” See State v. Maumalanga, 90 Hawai i 96, 112 n.3, 976 P.2d 410 , 426 n.3 (App. 1998); HRS § 703-300 (“In this chapter, unless a different meaning is plainly required: ‘Believes’ means reasonably believes”); HRS § 703-302 supp. cmt. (explaining that the legislature adopte 2018Specifically, the supreme court adopted the reasoning by Associate Judge Acoba (then a member of the Intermediate Court of Appeals) 9 as set forth in parts IV through XI of Judge Acoba's concurring and dissenting opinion in State v. Maumalanga , 90 Hawai'i 96 , 109-13, 976 P.2d 410 , 423-27 (App. 1998) (Acoba, J., concurring and dissenting). | 2 | 2018–2019 |
State v. DeCastro
green
2 sentences1998However, in DeCastro , Judge Acoba disagreed with the application of the three-part Marley test because in his opinion, “the common law requirements set forth in Kealoha [and Marley ] conflict with the express language of HRS § 703-302.” Id. at 155, 913 P.2d at 566 . 1998However, in DeCastro , Judge Acoba disagreed with the application of the three-part Marley test because in his opinion, "the common law requirements set forth in Kealoha [and Marley ] conflict with the express language of HRS § 703-302." Id. at 155, 913 P.2d at 566 . | 2 | 1998–2004 |
State v. Kealoha
green
2 sentences2004HRS § 703-300 (1993) states, in relevant part, “In this chapter, unless a different meaning is plainly required: ‘Believes’ means reasonably believes.” In State v. Maumalanga, 90 Hawai'i 58, 59 , 976 P.2d 372, 373 (1998), the Hawai'i Supreme Court held that the elements of the choice of evils defense are set forth, in their entirety, in the express language of the aforementioned statute and do not include additional elements from the “common law” formulation as set forth in State v. Kealoha, 9 Haw.App. 115 , 826 P.2d 884 (1992), and State v. DeCastro, 81 Hawai'i 147 , 913 P.2d 558 (App.1996), 2004HRS § 703-300 (1993) states, in relevant part, “In this chapter, unless a different meaning is plainly required: ‘Believes’ means reasonably believes.” In State v. Maumalanga, 90 Hawai'i 58, 59 , 976 P.2d 372, 373 (1998), the Hawai'i Supreme Court held that the elements of the choice of evils defense are set forth, in their entirety, in the express language of the aforementioned statute and do not include additional elements from the “common law” formulation as set forth in State v. Kealoha, 9 Haw.App. 115 , 826 P.2d 884 (1992), and State v. DeCastro, 81 Hawai'i 147 , 913 P.2d 558 (App.1996), | 1 | 2004–2004 |
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.