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23 Hawaii opinions name it 2 courts 1992–2025 2 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. Murraygreen2 sentences2020In Murray, the supreme court held that "a knowing and voluntary waiver of a defendant's fundamental right must come directly from the defendant, and requires the court to engage in a colloquy with the defendant." Id. at 11, 169 P.3d at 963 (citation omitted). 2020In Murray the supreme court held that "a knowing and voluntary waiver of a defendant's fundamental right must come directly from the defendant, and requires the court to engage in a colloquy with the defendant." Id. at 11, 169 P.3d at 963 (citation omitted). | 6 | 10 |
State v. Ibuosgreen2 sentences2013This basic principle of informed choice also underlay this court’s decision in State v. Ib-uos, where the court held that the trial court has a constitutional duty to inform the defendant of the right to trial by jury in order to ensure a knowing and voluntary waiver of that right. 75 Haw. 118, 120 , 857 P.2d 576, 577 (1993). 2013This basic principle of informed choice also underlay this court’s decision in State v. Ib-uos, where the court held that the trial court has a constitutional duty to inform the defendant of the right to trial by jury in order to ensure a knowing and voluntary waiver of that right. 75 Haw. 118, 120 , 857 P.2d 576, 577 (1993). | 6 | 8 |
Tachibana v. Stategreen2 sentences2025Id. 2010See State v. Murray, 116 Hawai`i 3, 10-13, 169 P.3d 955, 962-65 (2007) (court's failure to engage defendant in oral colloquy on his constitutional right to have the State prove each element of the offense charged beyond a reasonable doubt invalidated written stipulation); see also State v. Ibuos, 75 Haw. 118, 121 , 857 P.2d 576, 578 (1993) ("A knowing and voluntary waiver of the right to trial by jury must come directly from a defendant, either in writing or orally."); State v. Tachibana, 79 Hawai`i 226, 235-36, 900 P.2d 1293, 1302-03 (1995) (concluding that the trial court must engage in an o | 2 | 5 |
State v. Ui.green2 sentences2022See also State v. Ui, 142 Hawai#i 287, 290, 418 P.3d 628, 631 (2018) (reiterating the holding in Murray). 2019Id. at 11 , 169 P.3d at 963 . "[A] reviewing court has discretion to correct plain error when the error is 'not harmless beyond a reasonable doubt.' " State v. Ui , 142 Hawai'i 287 , 297, 418 P.3d 628 , 638 (2018) (quoting State v. Nichols , 111 Hawai'i 327 , 335, 141 P.3d 974 , 982 (2006) ). | 2 | 3 |
United States v. David Cochrangreen2 sentences2013Young explained that “[i]t is a better practice for the trial court to exact a knowing and voluntary waiver from the defendant either in writing or orally in open court at the time of the arraignment and plea.” Id. (citing United States v. Cochran, 770 F.2d 850, 852 (9th Cir. 1985)). 2013Young explained that “[i]t is a better practice for the trial court to exact a knowing and voluntary waiver from the defendant either in writing or orally in open court at the time of the arraignment and plea.” Id. (citing United States v. Cochran, 770 F.2d 850, 852 (9th Cir.1985)). | 2 | 2 |
State v. Eduwensuyi.green1 sentence2018See State v. Ui , 142 Hawai'i 287 , 299, 418 P.3d 628 , 640 (2018) (citing State v. Eduwensuyi , 141 Hawai'i 328 , 336, 409 P.3d 732 , 740 (2018) ). | 1 | 1 |
K.M.C. Co., Inc. v. Irving Trust Companygreen1 sentence2013Co., 757 F.2d at 756 (“Those cases in which the validity of a contractual waiver of jury trial has been in issue have overwhelmingly applied the knowing and voluntary standard.”); Nat’l Equip. | 1 | 1 |
National Equipment Rental, Ltd. v. H. Walter Hendrix, III and Jean K. Hendrixgreen1 sentence2013Rental, Ltd. v. Hendrix, 565 F.2d 255, 258 (2d Cir.1977) (“It is elementary that the Seventh Amendment right to a jury is fundamental and that its protection can only be relinquished knowingly and intentionally.”). | 1 | 1 |
Oregon v. Elstadgreen2 sentences2002See Oregon v. Elstad, 470 U.S. 298, 317 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985) (stating "we have not held that the sine qua non for a knowing and voluntary waiver of the right to remain silent is a full and complete appreciation of all of the consequences flowing from the nature and quality of the evidence in the case."). [9] In Garcia , the majority cited to three Hawai'i cases in support of its statement that the exclusionary rule may be employed to ensure the maintenance of judicial integrity. 2002See Oregon v. Elstad, 470 U.S. 298, 317 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985) (stating "we have not held that the sine qua non for a knowing and voluntary waiver of the right to remain silent is a full and complete appreciation of all of the consequences flowing from the nature and quality of the evidence in the case."). [9] In Garcia , the majority cited to three Hawai'i cases in support of its statement that the exclusionary rule may be employed to ensure the maintenance of judicial integrity. | 1 | 1 |
Wong v. Amonggreen2 sentences1993Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (citing Boykin v. Alabama, 395 U.S. 238, 243 (1969)). 1993Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (citing Boykin v. Alabama, 395 U.S. 238, 243 (1969)). | 1 | 1 |
Boykin v. Alabamagreen1 sentence1993Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (citing Boykin v. Alabama, 395 U.S. 238, 243 (1969)). | 1 | 1 |
State v. Conngreen2 sentences1992See United States v. Cochran, 770 F.2d 850, 852 (9th Cir. 1985) (written waiver is sufficient although colloquy recommended as it “serves three purposes: (1) it more effectively insures voluntary, knowing and intelligent waivers; (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal ... or in habeas proceedings; and (3) it emphasizes to the defendant the seriousness of the decision” (citation omitted)); State v. Conn, 152 Vt. 99, 103 , 565 A.2d 246, 248 (1989) (written waiver is sufficient although colloquy is “better practice,” but “is not constitutional 1992See United States v. Cochran, 770 F.2d 850, 852 (9th Cir. 1985) (written waiver is sufficient although colloquy recommended as it “serves three purposes: (1) it more effectively insures voluntary, knowing and intelligent waivers; (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal ... or in habeas proceedings; and (3) it emphasizes to the defendant the seriousness of the decision” (citation omitted)); State v. Conn, 152 Vt. 99, 103 , 565 A.2d 246, 248 (1989) (written waiver is sufficient although colloquy is “better practice,” but “is not constitutional | 1 | 1 |
Doughty v. Stategreen1 sentence1992See United States v. Cochran, 770 F.2d 850, 852 (9th Cir. 1985) (written waiver is sufficient although colloquy recommended as it “serves three purposes: (1) it more effectively insures voluntary, knowing and intelligent waivers; (2) it promotes judicial economy by avoiding challenges to the validity of waivers on appeal ... or in habeas proceedings; and (3) it emphasizes to the defendant the seriousness of the decision” (citation omitted)); State v. Conn, 152 Vt. 99, 103 , 565 A.2d 246, 248 (1989) (written waiver is sufficient although colloquy is “better practice,” but “is not constitutional | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Gomez-Lobato.
green
2 sentences2020The fundamental right at issue in Murray was the defendant's right to have the State prove every element of an offense to a 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER jury beyond a reasonable doubt.3 Other fundamental rights for which a colloquy with the defendant is required include the right to a jury trial, State v. Gomez-Lobato, 130 Hawai#i 465, 312 P.3d 897 (2013); the right to confront witnesses, State v. Casey, 51 Haw. 99 , 451 P.2d 806 (1969); the right to testify, Tachibana v. State, 79 Hawai#i 226, 900 P.2d 1293 (1995); and the right to not testify, State v. 2018Id. at 471-73 , 312 P.3d at 903 -05 . | 2 | 2018–2020 |
State v. Casey
green
2 sentences2020The fundamental right at issue in Murray was the defendant's right to have the State prove every element of an offense to a 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER jury beyond a reasonable doubt.3 Other fundamental rights for which a colloquy with the defendant is required include the right to a jury trial, State v. Gomez-Lobato, 130 Hawai#i 465, 312 P.3d 897 (2013); the right to confront witnesses, State v. Casey, 51 Haw. 99 , 451 P.2d 806 (1969); the right to testify, Tachibana v. State, 79 Hawai#i 226, 900 P.2d 1293 (1995); and the right to not testify, State v. 2020The fundamental right at issue in Murray was the defendant's right to have the State prove every element of an offense to a 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER jury beyond a reasonable doubt.3 Other fundamental rights for which a colloquy with the defendant is required include the right to a jury trial, State v. Gomez-Lobato, 130 Hawai#i 465, 312 P.3d 897 (2013); the right to confront witnesses, State v. Casey, 51 Haw. 99 , 451 P.2d 806 (1969); the right to testify, Tachibana v. State, 79 Hawai#i 226, 900 P.2d 1293 (1995); and the right to not testify, State v. | 1 | 2020–2020 |
State v. Torres. ICA s.d.o., filed 05/23/2018, 142 Haw. 355.
green
1 sentence2020The fundamental right at issue in Murray was the defendant's right to have the State prove every element of an offense to a 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER jury beyond a reasonable doubt.3 Other fundamental rights for which a colloquy with the defendant is required include the right to a jury trial, State v. Gomez-Lobato, 130 Hawai#i 465, 312 P.3d 897 (2013); the right to confront witnesses, State v. Casey, 51 Haw. 99 , 451 P.2d 806 (1969); the right to testify, Tachibana v. State, 79 Hawai#i 226, 900 P.2d 1293 (1995); and the right to not testify, State v. | 1 | 2020–2020 |
State v. Nichols
green
2 sentences2019Id. at 11 , 169 P.3d at 963 . "[A] reviewing court has discretion to correct plain error when the error is 'not harmless beyond a reasonable doubt.' " State v. Ui , 142 Hawai'i 287 , 297, 418 P.3d 628 , 638 (2018) (quoting State v. Nichols , 111 Hawai'i 327 , 335, 141 P.3d 974 , 982 (2006) ). 2019Id. at 11 , 169 P.3d at 963 . "[A] reviewing court has discretion to correct plain error when the error is 'not harmless beyond a reasonable doubt.' " State v. Ui , 142 Hawai'i 287 , 297, 418 P.3d 628 , 638 (2018) (quoting State v. Nichols , 111 Hawai'i 327 , 335, 141 P.3d 974 , 982 (2006) ). | 1 | 2019–2019 |
State v. Young
green
2 sentences2013Young explained that “[i]t is a better practice for the trial court to exact a knowing and voluntary waiver from the defendant either in writing or orally in open court at the time of the arraignment and plea.” Id. (citing United States v. Cochran, 770 F.2d 850, 852 (9th Cir. 1985)). 2013Young explained that “[i]t is a better practice for the trial court to exact a knowing and voluntary waiver from the defendant either in writing or orally in open court at the time of the arraignment and plea.” Id. (citing United States v. Cochran, 770 F.2d 850, 852 (9th Cir.1985)). | 1 | 2013–2013 |
United States v. Brian Donald Heldt
green
2 sentences2004Id. at 1278 . 2004Id. at 1278 . | 1 | 2004–2004 |
State v. Swain
green
2 sentences1993Failure to obtain a valid waiver of Ibuos’s fundamental right constitutes reversible error. 1 Swain, 61 Haw. at 176 , 599 P.2d at 284 . *121 A knowing and voluntary waiver of the right to trial by jury must come directly from a defendant, either in writing or orally. 1993Failure to obtain a valid waiver of Ibuos’s fundamental right constitutes reversible error. 1 Swain, 61 Haw. at 176 , 599 P.2d at 284 . *121 A knowing and voluntary waiver of the right to trial by jury must come directly from a defendant, either in writing or orally. | 1 | 1993–1993 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.