pacific reporter defendant (Hawaii) · Go Syfert
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pacific reporter defendant in Hawaii

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.

Followed or applied (10)

CaseFollowedCited
State v. Timasgreen
hawapp · 1996 · cited in 2 Hawaii opinions naming this issue, 2019–2019
2 sentences

2019Timas, 82 Hawai‘i at 511, 923 P.2d at 928.

2019Timas, 82 Hawai‘iat 511, 923 P.2d at 928.

22
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].green
haw · 2025 · cited in 1 Hawaii opinions naming this issue, 2025–2025
2 sentences

2025See Spies, 157 Hawaiʻi at 87, 575 P.3d at 720.

2025See Spies, 157 Hawaiʻi at 87, 575 P.3d at 720.

11
Flores v. Board of Land and Natural Resources.green
haw · 2018 · cited in 1 Hawaii opinions naming this issue, 2024–2024
1 sentence

2024Flores, 143 Hawai#i at 126-27, 424 P.3d at 481-82 (reformatted) (citation omitted). 1.

11
State v. Deleon.green
haw · 2014 · cited in 1 Hawaii opinions naming this issue, 2021–2021
1 sentence

2021State 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)).

11
State v. Smithgreen
hawapp · 2004 · cited in 1 Hawaii opinions naming this issue, 2016–2016
1 sentence

2016In 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.

11
State v. Padillared
haw · 1976 · cited in 1 Hawaii opinions naming this issue, 2016–2016
2 sentences

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

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

11
Hawaii Management Alliance Ass'n v. Insurance Commissionergreen
haw · 2004 · cited in 1 Hawaii opinions naming this issue, 2015–2015
1 sentence

2015Id. at 23, 35-36, 100 P.3d at 954, 967.

11
Best Place, Inc. v. Penn America Insurance Co.green
haw · 1996 · cited in 1 Hawaii opinions naming this issue, 2013–2013
1 sentence

2013Plaintiffs 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.

11
Dan v. Stategreen
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 2010–2010
2 sentences

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

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

11
State v. Richiegreen
haw · 1998 · cited in 1 Hawaii opinions naming this issue, 2010–2010
2 sentences

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

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

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
Mist v. Westin Hotels, Inc. green
haw · 1987
1 sentence

2023Id. 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

12023–2023
State v. Wakisaka green
haw · 2003
1 sentence

2021State 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)).

12021–2021

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