24 Hawaii opinions name it 2 courts 1994–2019 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 |
|---|---|---|
Harada v. Burnsgreen2 sentences2008When a Hawai'i rule of procedure is modeled after a federal rule, 'the interpretation of [the rule] by the federal courts [is] deemed to be highly persuasive in the reasoning of this court.’ ” Moyle v. Y & Y Hyup Shin, Corp., 118 Hawai'i 385, 403 , 191 P.3d 1062, 1080 (2008) (quoting Harada v. Burns, 50 Haw. 528, 532 , 445 P.2d 376, 380 (1968)) (brackets in original). . 2008When a Hawai'i rule of procedure is modeled after a federal rule, 'the interpretation of [the rule] by the federal courts [is] deemed to be highly persuasive in the reasoning of this court.’ ” Moyle v. Y & Y Hyup Shin, Corp., 118 Hawai'i 385, 403 , 191 P.3d 1062, 1080 (2008) (quoting Harada v. Burns, 50 Haw. 528, 532 , 445 P.2d 376, 380 (1968)) (brackets in original). . | 2 | 2 |
Wong v. Takeuchigreen2 sentences2010“Where a Hawai'i rule of civil procedure is identical to the federal rule, the interpretation of this rule by federal courts is highly persuasive.” Id. (quoting Wong v. Takeuchi, 88 Hawai'i 46, 52 , 961 P.2d 611, 617 (1998) (other citation omitted)). 2010“Where a Hawai'i rule of civil procedure is identical to the federal rule, the interpretation of this rule by federal courts is highly persuasive.” Id. (quoting Wong v. Takeuchi, 88 Hawai'i 46, 52 , 961 P.2d 611, 617 (1998) (other citation omitted)). | 1 | 3 |
State v. Piagreen2 sentences2005Although Pia did not expressly “establish the Hawai'i standard for constitutional ‘multiple punishment’ cases[,]” majority opinion at 656 n. 17, it indicated that the focus should be on the “acts” to be proved, 55 Haw. at 19, 20 , 514 P.2d at 584, 585 , when faced with a double jeopardy challenge to multiple charges in one trial, id. at 15 , 514 P.2d at 582 . in. 2005Although Pia did not expressly “establish the Hawai'i standard for constitutional ‘multiple punishment’ cases[,]” majority opinion at 656 n. 17, it indicated that the focus should be on the “acts” to be proved, 55 Haw. at 19, 20 , 514 P.2d at 584, 585 , when faced with a double jeopardy challenge to multiple charges in one trial, id. at 15 , 514 P.2d at 582 . in. | 1 | 2 |
Straub Clinic & Hospital v. Kochigreen2 sentences2017Straub Clinic & Hospital v. Kochi, 81 Hawai'i 410, 414 , 917 P.2d 1284, 1288 (1996). (3) Petitioner fails to demonstrate that he has a clear and indisputable right to the relief requested. 2017Straub Clinic & Hospital v. Kochi, 81 Hawai'i 410, 414 , 917 P.2d 1284, 1288 (1996). (3) Petitioner fails to demonstrate that he has a clear and indisputable right to the relief requested. | 1 | 1 |
Wong v. Bd. of Regents, University of Hawaiigreen2 sentences2014See Wong v. Board of Regents, Univ. of Haw., 62 Haw. 391, 394 , 616 P.2d 201, 203 (1980) (the mootness doctrine encompasses the circumstances that destroy the justiciability of a case previously suitable for determination). 2014See Wong v. Board of Regents, Univ. of Haw., 62 Haw. 391, 394 , 616 P.2d 201, 203 (1980) (the mootness doctrine encompasses the circumstances that destroy the justiciability of a case previously suitable for determination). | 1 | 1 |
State v. Rodriguesgreen2 sentences2010A. But, according to HRPP Rule 35(b), “[t]he court may reduce a sentence within 90 days after the sentence is imposed, or within 90 days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal....” In State v. Rodrigues, 68 Haw. 124, 133 , 706 P.2d 1293, 1300 (1985), this court affirmed the court’s sentencing decision, deciding “[tjhat the circuit court mistakenly concluded the defendant had been convicted on three, rather than two, prior occasions is of no consequence; he was still subject to a ten-year mandatory minimum term of imprisonment.” 2010A. But, according to HRPP Rule 35(b), “[t]he court may reduce a sentence within 90 days after the sentence is imposed, or within 90 days after receipt by the court of a mandate issued upon affirmance of the judgment or dismissal of the appeal....” In State v. Rodrigues, 68 Haw. 124, 133 , 706 P.2d 1293, 1300 (1985), this court affirmed the court’s sentencing decision, deciding “[tjhat the circuit court mistakenly concluded the defendant had been convicted on three, rather than two, prior occasions is of no consequence; he was still subject to a ten-year mandatory minimum term of imprisonment.” | 1 | 1 |
Moyle v. Y & Y Hyup Shin, Corp.green2 sentences2008When a Hawai'i rule of procedure is modeled after a federal rule, 'the interpretation of [the rule] by the federal courts [is] deemed to be highly persuasive in the reasoning of this court.’ ” Moyle v. Y & Y Hyup Shin, Corp., 118 Hawai'i 385, 403 , 191 P.3d 1062, 1080 (2008) (quoting Harada v. Burns, 50 Haw. 528, 532 , 445 P.2d 376, 380 (1968)) (brackets in original). . 2008When a Hawai'i rule of procedure is modeled after a federal rule, 'the interpretation of [the rule] by the federal courts [is] deemed to be highly persuasive in the reasoning of this court.’ ” Moyle v. Y & Y Hyup Shin, Corp., 118 Hawai'i 385, 403 , 191 P.3d 1062, 1080 (2008) (quoting Harada v. Burns, 50 Haw. 528, 532 , 445 P.2d 376, 380 (1968)) (brackets in original). . | 1 | 1 |
Pulawa v. GTE Hawaiian Telgreen2 sentences2007See Pulawa v. GTE Hawaiian Tel, 112 Hawai'i 3 , 20 n. 15, 143 P.3d 1205 , 1222 n. 15 (2006) (noting that, “[w]here a Hawai'i rule of civil procedure is identical to the federal rule, the interpretation of [that] rule by [the] federal courts is highly persuasive” (citation omitted)). 2007See Pulawa v. GTE Hawaiian Tel, 112 Hawai'i 3 , 20 n. 15, 143 P.3d 1205 , 1222 n. 15 (2006) (noting that, “[w]here a Hawai'i rule of civil procedure is identical to the federal rule, the interpretation of [that] rule by [the] federal courts is highly persuasive” (citation omitted)). | 1 | 1 |
Sherry Gasaway v. Northwestern Mutual Life Insurance Company, an Oregon Corporation John Does 1-10 Doe Partnerships 1-10 Roe Corporationgreen2 sentences2005Co., 26 F.3d 957, 960 (9th Cir.1994); In re Teltronics Servs., Inc., 762 F.2d 185, 192 (2d Cir.1985); Associated Press v. Cook, 513 F.2d 1300, 1303 (10th Cir.1975); Auto Drive-Away Co. of Hialeah, Inc. v. Interstate Commerce Comm'n, 360 F.2d 446, 448-49 (5th Cir.1966); see also 10B Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2738 (2004) ("A party must move to strike an affidavit that violates [FRCP] Rule 56(e)[; t]he failure to do so will result in the waiver of the objection" (footnote omitted)); cf. Wong v. Takeuchi, 88 Hawai'i 46 , 52 n. 4, 961 P.2d 611 , 617 n. 4 (199 2005Co., 26 F.3d 957, 960 (9th Cir.1994); In re Teltronics Servs., Inc., 762 F.2d 185, 192 (2d Cir.1985); Associated Press v. Cook, 513 F.2d 1300, 1303 (10th Cir.1975); Auto Drive-Away Co. of Hialeah, Inc. v. Interstate Commerce Comm'n, 360 F.2d 446, 448-49 (5th Cir.1966); see also 10B Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2738 (2004) ("A party must move to strike an affidavit that violates [FRCP] Rule 56(e)[; t]he failure to do so will result in the waiver of the objection" (footnote omitted)); cf. Wong v. Takeuchi, 88 Hawai'i 46 , 52 n. 4, 961 P.2d 611 , 617 n. 4 (199 | 1 | 1 |
cluster 452063green2 sentences2005Co., 26 F.3d 957, 960 (9th Cir.1994); In re Teltronics Servs., Inc., 762 F.2d 185, 192 (2d Cir.1985); Associated Press v. Cook, 513 F.2d 1300, 1303 (10th Cir.1975); Auto Drive-Away Co. of Hialeah, Inc. v. Interstate Commerce Comm'n, 360 F.2d 446, 448-49 (5th Cir.1966); see also 10B Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2738 (2004) ("A party must move to strike an affidavit that violates [FRCP] Rule 56(e)[; t]he failure to do so will result in the waiver of the objection" (footnote omitted)); cf. Wong v. Takeuchi, 88 Hawai'i 46 , 52 n. 4, 961 P.2d 611 , 617 n. 4 (199 2005Co., 26 F.3d 957, 960 (9th Cir.1994); In re Teltronics Servs., Inc., 762 F.2d 185, 192 (2d Cir.1985); Associated Press v. Cook, 513 F.2d 1300, 1303 (10th Cir.1975); Auto Drive-Away Co. of Hialeah, Inc. v. Interstate Commerce Comm'n, 360 F.2d 446, 448-49 (5th Cir.1966); see also 10B Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2738 (2004) ("A party must move to strike an affidavit that violates [FRCP] Rule 56(e)[; t]he failure to do so will result in the waiver of the objection" (footnote omitted)); cf. Wong v. Takeuchi, 88 Hawai'i 46 , 52 n. 4, 961 P.2d 611 , 617 n. 4 (199 | 1 | 1 |
Auto Drive-Away Company of Hialeah, Inc., Gertrude McKiernan and B. J. McKiernan v. Interstate Commerce Commissiongreen2 sentences2005Co., 26 F.3d 957, 960 (9th Cir.1994); In re Teltronics Servs., Inc., 762 F.2d 185, 192 (2d Cir.1985); Associated Press v. Cook, 513 F.2d 1300, 1303 (10th Cir.1975); Auto Drive-Away Co. of Hialeah, Inc. v. Interstate Commerce Comm'n, 360 F.2d 446, 448-49 (5th Cir.1966); see also 10B Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2738 (2004) ("A party must move to strike an affidavit that violates [FRCP] Rule 56(e)[; t]he failure to do so will result in the waiver of the objection" (footnote omitted)); cf. Wong v. Takeuchi, 88 Hawai'i 46 , 52 n. 4, 961 P.2d 611 , 617 n. 4 (199 2005Co., 26 F.3d 957, 960 (9th Cir.1994); In re Teltronics Servs., Inc., 762 F.2d 185, 192 (2d Cir.1985); Associated Press v. Cook, 513 F.2d 1300, 1303 (10th Cir.1975); Auto Drive-Away Co. of Hialeah, Inc. v. Interstate Commerce Comm'n, 360 F.2d 446, 448-49 (5th Cir.1966); see also 10B Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2738 (2004) ("A party must move to strike an affidavit that violates [FRCP] Rule 56(e)[; t]he failure to do so will result in the waiver of the objection" (footnote omitted)); cf. Wong v. Takeuchi, 88 Hawai'i 46 , 52 n. 4, 961 P.2d 611 , 617 n. 4 (199 | 1 | 1 |
Acoba v. General Tire, Inc.green2 sentences2005Tire, Inc., 92 Hawai'i 1, 12 , 986 P.2d 288, 299 (1999) (stating that, because the appellant did not object to the appellee's affidavits in support of its motion for summary judgment, "[the appellant] is precluded from challenging the admission of [the appellee]'s pleadings and affidavits on appeal." (Citation omitted)).... [T]he majority of federal courts that have interpreted Federal Rules of Civil Procedure (FRCP) Rule 56(e) (1987), which is identical to the Hawai'i rule governing affidavits and exhibits in support of summary judgment motions, have held that a party who fails to object to i 2005Tire, Inc., 92 Hawai'i 1, 12 , 986 P.2d 288, 299 (1999) (stating that, because the appellant did not object to the appellee's affidavits in support of its motion for summary judgment, "[the appellant] is precluded from challenging the admission of [the appellee]'s pleadings and affidavits on appeal." (Citation omitted)).... [T]he majority of federal courts that have interpreted Federal Rules of Civil Procedure (FRCP) Rule 56(e) (1987), which is identical to the Hawai'i rule governing affidavits and exhibits in support of summary judgment motions, have held that a party who fails to object to i | 1 | 1 |
cluster 771035green2 sentences2005See, e.g., Opp v. Wheaton Van Lines, Inc., 231 F.3d 1060 , 1066 n. 2 (7th Cir.2000); Ruby v. Springfield R-12 Pub. 2005See, e.g., Opp v. Wheaton Van Lines, Inc., 231 F.3d 1060 , 1066 n. 2 (7th Cir.2000); Ruby v. Springfield R-12 Pub. | 1 | 1 |
The Associated Press, a Corporation v. William S. Cook, D/B/A Radio Station Kryt, and Individuallygreen2 sentences2005Co., 26 F.3d 957, 960 (9th Cir.1994); In re Teltronics Servs., Inc., 762 F.2d 185, 192 (2d Cir.1985); Associated Press v. Cook, 513 F.2d 1300, 1303 (10th Cir.1975); Auto Drive-Away Co. of Hialeah, Inc. v. Interstate Commerce Comm'n, 360 F.2d 446, 448-49 (5th Cir.1966); see also 10B Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2738 (2004) ("A party must move to strike an affidavit that violates [FRCP] Rule 56(e)[; t]he failure to do so will result in the waiver of the objection" (footnote omitted)); cf. Wong v. Takeuchi, 88 Hawai'i 46 , 52 n. 4, 961 P.2d 611 , 617 n. 4 (199 2005Co., 26 F.3d 957, 960 (9th Cir.1994); In re Teltronics Servs., Inc., 762 F.2d 185, 192 (2d Cir.1985); Associated Press v. Cook, 513 F.2d 1300, 1303 (10th Cir.1975); Auto Drive-Away Co. of Hialeah, Inc. v. Interstate Commerce Comm'n, 360 F.2d 446, 448-49 (5th Cir.1966); see also 10B Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 2738 (2004) ("A party must move to strike an affidavit that violates [FRCP] Rule 56(e)[; t]he failure to do so will result in the waiver of the objection" (footnote omitted)); cf. Wong v. Takeuchi, 88 Hawai'i 46 , 52 n. 4, 961 P.2d 611 , 617 n. 4 (199 | 1 | 1 |
State v. Jumilagreen2 sentences2005See also Jumila, 87 Hawai'i at 12 n. 5, 950 P.2d at 1212 n. 5 (Ramil and Nakayama, JJ., dissenting) (stating that Santiago and Caprio should be overruled because these cases improperly relied on dicta that did not adequately address the distinction between multiple punishments and successive prosecutions.) In Pia , the defendants were charged with: (1) committing assault or battery on a police officer with the intent to obstruct the officer's duties; and (2) willfully interfering with a police officer while the officer is lawfully executing his duties. 2005See also Jumila, 87 Hawai'i at 12 n. 5, 950 P.2d at 1212 n. 5 (Ramil and Nakayama, JJ., dissenting) (stating that Santiago and Caprio should be overruled because these cases improperly relied on dicta that did not adequately address the distinction between multiple punishments and successive prosecutions.) In Pia , the defendants were charged with: (1) committing assault or battery on a police officer with the intent to obstruct the officer's duties; and (2) willfully interfering with a police officer while the officer is lawfully executing his duties. | 1 | 1 |
Nelson v. University of Hawai'igreen2 sentences2004See Nelson v. Univ. of Hawai‘i 97 Hawai'i 376, 390 , 38 P.3d 95, 109 (2001). 2004See Nelson v. Univ. of Hawai‘i 97 Hawai'i 376, 390 , 38 P.3d 95, 109 (2001). | 1 | 1 |
| State v. Capriogreen | 1 | 1 |
Henmi Apartments, Inc. v. Sawyergreen2 sentences2002See supra at 104, 58 P.3d at 615 (“the Hawai'i test [to determine whether an implied easement exists] seems to be really a more general test according to the intent of the parties”); Hemni, 3 Haw.App. at 559 , 655 P.2d at 885 (“Whether an implied easement exists depends on the intent of the parties as shown by all the facts and circumstances under which the conveyance was made.”). 2002See supra at 104, 58 P.3d at 615 (“the Hawai'i test [to determine whether an implied easement exists] seems to be really a more general test according to the intent of the parties”); Hemni, 3 Haw.App. at 559 , 655 P.2d at 885 (“Whether an implied easement exists depends on the intent of the parties as shown by all the facts and circumstances under which the conveyance was made.”). | 1 | 1 |
| Collins v. South Seas Jeep Eaglegreen | 1 | 1 |
| Shaw v. North American Title Co.green | 1 | 1 |
| City of Belen v. Harrellgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cvitanovich-Dubie v. Dubie
green
2 sentences2019But it is the legislative history of the federal public records hearsay exception that provides guidance for our holding, and this court has long recognized that "the history of the federal rule is highly persuasive as to the purpose of the Hawai'i rule." Cvitanovich-Dubie v. Dubie , 125 Hawai'i 128 , 147, 254 P.3d 439 , 458 (2011). 2019But it is the legislative history of the federal public records hearsay exception that provides guidance for our holding, and this court has long recognized that "the history of the federal rule is highly persuasive as to the purpose of the Hawai'i rule." Cvitanovich-Dubie v. Dubie , 125 Hawai'i 128 , 147, 254 P.3d 439 , 458 (2011). | 1 | 2019–2019 |
In the Interest of Doe
green
2 sentences2019"In any event, such a reading would contravene the doctrine of 'constitutional doubt,' which dictates that, 'where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is [to] adopt the latter.' " State v. Jess , 117 Hawai'i 381 , 399-400, 184 P.3d 133 , 151-52 (2008) (quoting In the Interest of Doe , 96 Hawai'i 73 , 81, 26 P.3d 562 , 570 (2001) ). 2019"In any event, such a reading would contravene the doctrine of 'constitutional doubt,' which dictates that, 'where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is [to] adopt the latter.' " State v. Jess , 117 Hawai'i 381 , 399-400, 184 P.3d 133 , 151-52 (2008) (quoting In the Interest of Doe , 96 Hawai'i 73 , 81, 26 P.3d 562 , 570 (2001) ). | 1 | 2019–2019 |
State v. Jess
green
2 sentences2019"In any event, such a reading would contravene the doctrine of 'constitutional doubt,' which dictates that, 'where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is [to] adopt the latter.' " State v. Jess , 117 Hawai'i 381 , 399-400, 184 P.3d 133 , 151-52 (2008) (quoting In the Interest of Doe , 96 Hawai'i 73 , 81, 26 P.3d 562 , 570 (2001) ). 2019"In any event, such a reading would contravene the doctrine of 'constitutional doubt,' which dictates that, 'where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is [to] adopt the latter.' " State v. Jess , 117 Hawai'i 381 , 399-400, 184 P.3d 133 , 151-52 (2008) (quoting In the Interest of Doe , 96 Hawai'i 73 , 81, 26 P.3d 562 , 570 (2001) ). | 1 | 2019–2019 |
Inoue v. Inoue
green
2 sentences2016Id. at 94 , 185 P.3d at 842 . 2016Id. at 94 , 185 P.3d at 842 . | 1 | 2016–2016 |
Dejetley v. Kaho'ohalahala
green
2 sentences2014Where a Hawai'i rule of civil procedure is identical to the federal rule, the interpretation of this rule by federal courts is highly persuasive.” Dejetley, 122 Hawai'i at 270 , 226 P.3d at 440 (citing Fed. 2014Where a Hawai'i rule of civil procedure is identical to the federal rule, the interpretation of this rule by federal courts is highly persuasive.” Dejetley, 122 Hawai'i at 270 , 226 P.3d at 440 (citing Fed. | 1 | 2014–2014 |
Lewis v. Lewis
green
2 sentences2014“When a premarital agreement setting forth support and property division in the event of divorce is not unconscionable and has been voluntarily entered into by the parties with knowledge of the financial situation of the prospective spouse, enforcement of the agreement does not violate the principle of a ‘just and equitable’ award under [Hawai'i Revised Statutes (HRS) ] § 580-47.” 8 Lewis, 69 Haw. at 500-01 , 748 P.2d at 1366 . 2014“When a premarital agreement setting forth support and property division in the event of divorce is not unconscionable and has been voluntarily entered into by the parties with knowledge of the financial situation of the prospective spouse, enforcement of the agreement does not violate the principle of a ‘just and equitable’ award under [Hawai'i Revised Statutes (HRS) ] § 580-47.” 8 Lewis, 69 Haw. at 500-01 , 748 P.2d at 1366 . | 1 | 2014–2014 |
Davis v. Four Seasons Hotel Ltd.
green
2 sentences2013According to Davis , this requirement was “consistent” with “the Hawai'i requirement that a plaintiff allege the nature of the competition.” Davis, 122 Hawai'i at 445 , 228 P.3d at 325 . 2013According to Davis , this requirement was “consistent” with “the Hawai'i requirement that a plaintiff allege the nature of the competition.” Davis, 122 Hawai'i at 445 , 228 P.3d at 325 . | 1 | 2013–2013 |
Foman v. Davis
green
2 sentences2010In Foman v. Davis, 371 U.S. 178, 181 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962), the U.S. Supreme Court stated that the Court of Appeals had erred in affirming the District Court’s denial of petitioner’s motion to vacate the judgment in order to allow amendment of the complaint. 2010In Foman v. Davis, 371 U.S. 178, 181 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962), the U.S. Supreme Court stated that the Court of Appeals had erred in affirming the District Court’s denial of petitioner’s motion to vacate the judgment in order to allow amendment of the complaint. | 1 | 2010–2010 |
Federal Home Loan Mortgage Corp. v. Transamerica Insurance Co.
green
2 sentences2010Kaho'ohalahala cites to Federal Home Loan Mortgage Corp. v. Transamerica Insurance Co., 89 Hawai'i 157 , 162 n. 1, 969 P.2d 1275 , 1280 n. 1 (1998), for the proposition that "Rule 15(a) of the Federal Rules of Civil Procedure is functionally identical to Rule 15(a) HRCP” and that ”[w]here a Hawai'i rule of civil procedure is identical to the federal rule, the interpretation of this rule by the federal courts is highly persuasive." (Quoting Wong v. Takeuchi, 87 Hawai'i 320 , 329, 955 P.2d 593 , 602 (1998)). 23 . 2010Kaho'ohalahala cites to Federal Home Loan Mortgage Corp. v. Transamerica Insurance Co., 89 Hawai'i 157 , 162 n. 1, 969 P.2d 1275 , 1280 n. 1 (1998), for the proposition that "Rule 15(a) of the Federal Rules of Civil Procedure is functionally identical to Rule 15(a) HRCP” and that ”[w]here a Hawai'i rule of civil procedure is identical to the federal rule, the interpretation of this rule by the federal courts is highly persuasive." (Quoting Wong v. Takeuchi, 87 Hawai'i 320 , 329, 955 P.2d 593 , 602 (1998)). 23 . | 1 | 2010–2010 |
State v. Lessary
green
2 sentences2005In Lessary , this court observed that the policy justifications for protecting against “successive prosecutions” as enunciated in Lessary, 75 Haw. at 456 , 865 P.2d at 154-55 , were just as applicable to “multiple prosecutions,” see id. at 455-57 , 865 P.2d at 154-55 . 2005In Lessary , this court observed that the policy justifications for protecting against “successive prosecutions” as enunciated in Lessary, 75 Haw. at 456 , 865 P.2d at 154-55 , were just as applicable to “multiple prosecutions,” see id. at 455-57 , 865 P.2d at 154-55 . | 1 | 2005–2005 |
United States v. Jorn
green
2 sentences2005When, on the other hand, successive prosecutions are at stake, the guarantee serves “a constitutional policy of finality for the defendant’s benefit.” Brown, 432 U.S. at 165 , 97 S.Ct. 2221 (quoting United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971)). . 2005When, on the other hand, successive prosecutions are at stake, the guarantee serves “a constitutional policy of finality for the defendant’s benefit.” Brown, 432 U.S. at 165 , 97 S.Ct. 2221 (quoting United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971)). . | 1 | 2005–2005 |
Brown v. Ohio
green
2 sentences2005When, on the other hand, successive prosecutions are at stake, the guarantee serves “a constitutional policy of finality for the defendant’s benefit.” Brown, 432 U.S. at 165 , 97 S.Ct. 2221 (quoting United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971)). . 2005When, on the other hand, successive prosecutions are at stake, the guarantee serves “a constitutional policy of finality for the defendant’s benefit.” Brown, 432 U.S. at 165 , 97 S.Ct. 2221 (quoting United States v. Jorn, 400 U.S. 470, 479 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971)). . | 1 | 2005–2005 |
| Powers v. Grenier Construction, Inc. green | 1 | 2002–2002 |
Levy v. Kimball
green
2 sentences2002As COL No. 6 clearly indicates, the trial court's determination that WRC was responsible for sharing maintenance costs of the pipes was based upon Levy v. Kimball, 50 Haw. 497 , 443 P.2d 142 (1968), and Powers v. Grenier Construction Inc., 10 Conn.App. 556 , 524 A.2d 667 (1987). 2002As COL No. 6 clearly indicates, the trial court's determination that WRC was responsible for sharing maintenance costs of the pipes was based upon Levy v. Kimball, 50 Haw. 497 , 443 P.2d 142 (1968), and Powers v. Grenier Construction Inc., 10 Conn.App. 556 , 524 A.2d 667 (1987). | 1 | 2002–2002 |
| Costello v. United States green | 1 | 1997–1997 |
| Figueroa v. State green | 1 | 1996–1996 |
| Haworth v. State green | 1 | 1996–1996 |
| Figueroa v. State green | 1 | 1996–1996 |
| State v. Santiago green | 1 | 1994–1994 |
| Harris v. New York green | 1 | 1994–1994 |
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.