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10 Hawaii opinions name it 1 courts 2010–2025 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. Timasgreen2 sentences2019Timas, 82 Hawai‘i at 511, 923 P.2d at 928. 2019Timas, 82 Hawai‘iat 511, 923 P.2d at 928. | 2 | 2 |
State v. Spies. ICA mem. op., filed 10/03/2024 [ada], 155 Haw. 98. ICA Order of Correction, filed 10/04/2024. ICA Amended Order of Correction, filed 10/04/2024 [ada]. Motion for Reconsideration, filed 10/11/2024. ICA Order, filed 10/30/2024 [ada]. Application for Writ of Certiorari, filed 12/16/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 01/29/2025 [ada]. Application for Writ of Certiorari, filed 01/08/2025. S.Ct. Order Accepting Application for Writ of Certiorari, filed 02/20/2025 [ada].green2 sentences2025See Spies, 157 Hawaiʻi at 87, 575 P.3d at 720. 2025See Spies, 157 Hawaiʻi at 87, 575 P.3d at 720. | 1 | 1 |
Flores v. Board of Land and Natural Resources.green1 sentence2024Flores, 143 Hawai#i at 126-27, 424 P.3d at 481-82 (reformatted) (citation omitted). 1. | 1 | 1 |
State v. Deleon.green1 sentence2021State v. DeLeon, 131 Hawai#i 463, 478-79, 319 P.3d 382, 397-98 (2014) (citing State v. Wakisaka, 102 Hawai#i 504, 513–14, 78 P.3d 317 , 326–27 (2003) (internal quotation marks, citations, and footnote omitted)). | 1 | 1 |
State v. Smithgreen1 sentence2016In State v. Smith, 106 Hawai‘i 365, 375, 105 P.3d 242, 252 (App. 2004), we applied the same test in determining whether questioning by the prosecution constituted an impermissible commenton the defendant's exercise of his right to remain silent after being arrested and advised of his Miranda rights. | 1 | 1 |
State v. Padillared2 sentences2016We need not reach this issue because even assuming arguendo that the government may not comment on a defendant's pre-arrest silence, Officer Billins did not comment on Tsujumua's exercise of his right to remain silent. 10 FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER The standard for determining whether the prosecution has impermissibly commented on the defendant's failure to testify at trial is "whether the language used was manifestly intended or was of such character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testi 2016We need not reach this issue because even assuming arguendo that the government may not comment on a defendant's pre-arrest silence, Officer Billins did not comment on Tsujumua's exercise of his right to remain silent. 10 FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER The standard for determining whether the prosecution has impermissibly commented on the defendant's failure to testify at trial is "whether the language used was manifestly intended or was of such character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testi | 1 | 1 |
Hawaii Management Alliance Ass'n v. Insurance Commissionergreen1 sentence2015Id. at 23, 35-36, 100 P.3d at 954, 967. | 1 | 1 |
Best Place, Inc. v. Penn America Insurance Co.green1 sentence2013Plaintiffs do not suggest the standard to be applied. 23 NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER The analysis of bad faith in Best Place began with the premise that "conduct based on an interpretation of the insurance contract that is reasonable does not constitute bad faith." Best Place, 82 Hawai‘iat 133, 920 P.2d at 347. | 1 | 1 |
Dan v. Stategreen2 sentences2010The standard for claims of ineffective assistance of counsel is "whether, viewed as a whole, the assistance provided was within the range of competence demanded of attorneys in criminal cases." Dan v. State, 76 Hawai'i 423, 427, 879 P.2d 528, 532 (1994) (internal quotation marks, citation, and brackets omitted). "[{M]atters presumably within the judgment of counsel, like trial strategy, will rarely be second-guessed by judicial hindsight." State v. Richie, 88 Hawai'i at 39, 960 P.2d at 1247 (1998) (internal quotation marks and citation omitted) (emphasis in original). 11 NOT FOR PUBLICATION IN 2010The standard for claims of ineffective assistance of counsel is "whether, viewed as a whole, the assistance provided was within the range of competence demanded of attorneys in criminal cases." Dan v. State, 76 Hawai'i 423, 427, 879 P.2d 528, 532 (1994) (internal quotation marks, citation, and brackets omitted). "[{M]atters presumably within the judgment of counsel, like trial strategy, will rarely be second-guessed by judicial hindsight." State v. Richie, 88 Hawai'i at 39, 960 P.2d at 1247 (1998) (internal quotation marks and citation omitted) (emphasis in original). 11 NOT FOR PUBLICATION IN | 1 | 1 |
State v. Richiegreen2 sentences2010The standard for claims of ineffective assistance of counsel is "whether, viewed as a whole, the assistance provided was within the range of competence demanded of attorneys in criminal cases." Dan v. State, 76 Hawai'i 423, 427, 879 P.2d 528, 532 (1994) (internal quotation marks, citation, and brackets omitted). "[{M]atters presumably within the judgment of counsel, like trial strategy, will rarely be second-guessed by judicial hindsight." State v. Richie, 88 Hawai'i at 39, 960 P.2d at 1247 (1998) (internal quotation marks and citation omitted) (emphasis in original). 11 NOT FOR PUBLICATION IN 2010The standard for claims of ineffective assistance of counsel is "whether, viewed as a whole, the assistance provided was within the range of competence demanded of attorneys in criminal cases." Dan v. State, 76 Hawai'i 423, 427, 879 P.2d 528, 532 (1994) (internal quotation marks, citation, and brackets omitted). "[{M]atters presumably within the judgment of counsel, like trial strategy, will rarely be second-guessed by judicial hindsight." State v. Richie, 88 Hawai'i at 39, 960 P.2d at 1247 (1998) (internal quotation marks and citation omitted) (emphasis in original). 11 NOT FOR PUBLICATION IN | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mist v. Westin Hotels, Inc.
green
1 sentence2023Id. 27 Evercare cited to the following statutes as expressly providing for expert witness fees: HRS § 486H-11(b) (2008) (providing that in personal injury actions brought by a plaintiff against a gasoline dealer, a prevailing plaintiff "shall be awarded reasonable attorneys' and expert witness fees . . . ."); HRS § 671-19 (2013) (providing that in proceedings before the medical inquiry and conciliation panel, "[t]he panel may award costs, or a portion thereof, including attorney's fees, witness fees including those of (continued...) 25 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC | 1 | 2023–2023 |
State v. Wakisaka
green
1 sentence2021State v. DeLeon, 131 Hawai#i 463, 478-79, 319 P.3d 382, 397-98 (2014) (citing State v. Wakisaka, 102 Hawai#i 504, 513–14, 78 P.3d 317 , 326–27 (2003) (internal quotation marks, citations, and footnote omitted)). | 1 | 2021–2021 |