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23 Hawaii opinions name it 2 courts 1980–2026 3 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. Kinnanegreen2 sentences2010GENERAL ENTITLEMENT TO INCLUDED OFFENSE INSTRUCTIONS In State v. Kupau, 76 Hawai'i 387 , 396 n. 14, 879 P.2d 492 , 501 n. 14 (1994), overruled on other grounds by State v. Haanio, 94 Hawai'i 405 , 16 P.3d 246 (2001), the Hawai'i Supreme Court stated that although there may be sufficient evidence to support a guilty verdict as to a charged offense, if the weight of the evidence is to the contrary but supports guilt as to an included offense, the trial judge would be justified in giving an instruction regarding the included offense[.] In State v. Kinnane, 79 Hawai'i 46 , 897 P.2d 973 (1995), the 2010GENERAL ENTITLEMENT TO INCLUDED OFFENSE INSTRUCTIONS In State v. Kupau, 76 Hawai'i 387 , 396 n. 14, 879 P.2d 492 , 501 n. 14 (1994), overruled on other grounds by State v. Haanio, 94 Hawai'i 405 , 16 P.3d 246 (2001), the Hawai'i Supreme Court stated that although there may be sufficient evidence to support a guilty verdict as to a charged offense, if the weight of the evidence is to the contrary but supports guilt as to an included offense, the trial judge would be justified in giving an instruction regarding the included offense[.] In State v. Kinnane, 79 Hawai'i 46 , 897 P.2d 973 (1995), the | 2 | 3 |
State v. Pinerogreen2 sentences2026State v. Pinero, 70 Haw. 509 , 524–25, 778 P.2d 704, 714 (1989) (cleaned up). 2021The lesser-included offense instruction may well have had an effect of precluding consideration of possibly extenuating circumstances during deliberations on the charge of murder in the first degree. 70 Haw. at 524-25 , 778 P.2d at 714 (citations omitted) (second alteration in original). | 2 | 2 |
Wolcott v. Admin. Dir. of the Courtsgreen2 sentences2020See State v. Wright, 144 Hawai‘i 381, 442 P.3d 444 , 2019 WL 2148065 , at *3 (unpublished) (App. May 16, 2019) (“[W]hen a complaining witness testifies that a defendant has committed an act of ‘sexual penetration,’ the trial court must also instruct the jury on the lesser included offense as it is a rational inference that ‘sexual contact’ also occurred.”); State v. Abdon, 2014 WL 4800994 , at *7. 2020See State v. Wright, 144 Hawai‘i 381, 442 P.3d 444 , 2019 WL 2148065 , at *3 (unpublished) (App. May 16, 2019) (“[W]hen a complaining witness testifies that a defendant has committed an act of ‘sexual penetration,’ the trial court must also instruct the jury on the lesser included offense as it is a rational inference that ‘sexual contact’ also occurred.”); State v. Abdon, 2014 WL 4800994 , at *7. | 2 | 2 |
State v. Haaniogreen2 sentences2014Allowing a defendant to waive a lesser included offense instruction “forecloses the determination of criminal liability where it may in fact exist.” Haanio, 94 Hawai'i at 414 , 16 P.3d at 255 . 2014Allowing a defendant to waive a lesser included offense instruction “forecloses the determination of criminal liability where it may in fact exist.” Haanio, 94 Hawai'i at 414 , 16 P.3d at 255 . | 1 | 7 |
State v. KAPAUgreen2 sentences2010GENERAL ENTITLEMENT TO INCLUDED OFFENSE INSTRUCTIONS In State v. Kupau, 76 Hawai'i 387 , 396 n. 14, 879 P.2d 492 , 501 n. 14 (1994), overruled on other grounds by State v. Haanio, 94 Hawai'i 405 , 16 P.3d 246 (2001), the Hawai'i Supreme Court stated that although there may be sufficient evidence to support a guilty verdict as to a charged offense, if the weight of the evidence is to the contrary but supports guilt as to an included offense, the trial judge would be justified in giving an instruction regarding the included offense[.] In State v. Kinnane, 79 Hawai'i 46 , 897 P.2d 973 (1995), the 2006In so doing, we reexamined our decision in State v. Kupau, 76 Hawai`i 387, 879 P.2d 492 (1994), and rejected the ICA's view that a defendant's sufficient understanding of the consequences of the waiver of the right to have a lesser included offense instruction should measure a trial court's decision to give or not give an otherwise proper included offense instruction. | 1 | 3 |
Flores v. Stategreen2 sentences2014See State v. Flores, 131 Hawai'i 43, 57 , 314 P.3d 120, 134 (2013) (explaining that holding the lack of a lesser included offense instruction to be harmless error “perpetuates the risk that the jury in any given case did not actually reach the result that best conforms with the faets[.]”). 2014See State v. Flores, 131 Hawai'i 43, 57 , 314 P.3d 120, 134 (2013) (explaining that holding the lack of a lesser included offense instruction to be harmless error “perpetuates the risk that the jury in any given case did not actually reach the result that best conforms with the faets[.]”). | 1 | 2 |
State v. Baileygreen2 sentences2025State v. Bailey, 126 Hawaiʻi 383, 404, 271 P.3d 1142, 1163 (2012) (concluding there was a rational basis in the evidence for giving the lesser included offense instruction on Attempted Sexual Assault in the First Degree); see also HRS § 701-109(4)(b) (Supp. 2018) (permitting conviction of an included offense that “consists of an attempt to commit the offense charged”). 2025State v. Bailey, 126 Hawaiʻi 383, 404, 271 P.3d 1142, 1163 (2012) (concluding there was a rational basis in the evidence for giving the lesser included offense instruction on Attempted Sexual Assault in the First Degree); see also HRS § 701-109(4)(b) (Supp. 2018) (permitting conviction of an included offense that “consists of an attempt to commit the offense charged”). | 1 | 1 |
State v. Malave.green2 sentences2025Similarly, in State v. Malave, we held that “Sexual Assault 3 is an included offense of Sexual Assault 1 pursuant to HRS § 701-109(4)(c).” 146 Hawaiʻi 341, 352, 463 P.3d 998, 1009 (2020); see also HRS § 701-109(4)(c) (Supp. 2018) (permitting conviction of an included offense that “differs from the offense charged only in the respect that a less serious injury . . . suffices to establish its commission”). 2025Similarly, in State v. Malave, we held that “Sexual Assault 3 is an included offense of Sexual Assault 1 pursuant to HRS § 701-109(4)(c).” 146 Hawaiʻi 341, 352, 463 P.3d 998, 1009 (2020); see also HRS § 701-109(4)(c) (Supp. 2018) (permitting conviction of an included offense that “differs from the offense charged only in the respect that a less serious injury . . . suffices to establish its commission”). | 1 | 1 |
State v. McMillengreen2 sentences2010In a criminal trial, an "accused is entitled to an instruction on every defense supported by the evidence, no matter how inconclusive the evidence may be, provided that evidence would support consideration of that issue by the jury." State v. McMillen, 83 Hawai'i 264, 265 , 925 P.2d 1088, 1089 (1996). 2010In a criminal trial, an "accused is entitled to an instruction on every defense supported by the evidence, no matter how inconclusive the evidence may be, provided that evidence would support consideration of that issue by the jury." State v. McMillen, 83 Hawai'i 264, 265 , 925 P.2d 1088, 1089 (1996). | 1 | 1 |
State v. Douglasgreen2 sentences2001See O’Bryan v. State, 876 P.2d 688, 689 (Okla.1994) (holding that a defendant may “waive the right to a lesser included offense instruction [even] when the evidence warrants such an instruction”); State v. Douglas, 485 N.W.2d 619, 623 (Iowa 1992) (holding that a lesser included offense instruction should not be submitted to the jury where the defendant waived it, and the prosecution did not object to the waiver). 2001See O'Bryan v. State, 876 P.2d 688, 689 (Okla.1994) (holding that a defendant may "waive the right to a lesser included offense instruction [even] when the evidence warrants such an instruction"); State v. Douglas, 485 N.W.2d 619, 623 (Iowa 1992) (holding that a lesser included offense instruction should not be submitted to the jury where the defendant waived it, and the prosecution did not object to the waiver). | 1 | 1 |
O'BRYAN v. Stategreen2 sentences2001See O’Bryan v. State, 876 P.2d 688, 689 (Okla.1994) (holding that a defendant may “waive the right to a lesser included offense instruction [even] when the evidence warrants such an instruction”); State v. Douglas, 485 N.W.2d 619, 623 (Iowa 1992) (holding that a lesser included offense instruction should not be submitted to the jury where the defendant waived it, and the prosecution did not object to the waiver). 2001See O'Bryan v. State, 876 P.2d 688, 689 (Okla.1994) (holding that a defendant may "waive the right to a lesser included offense instruction [even] when the evidence warrants such an instruction"); State v. Douglas, 485 N.W.2d 619, 623 (Iowa 1992) (holding that a lesser included offense instruction should not be submitted to the jury where the defendant waived it, and the prosecution did not object to the waiver). | 1 | 1 |
State v. Alstongreen2 sentences1996Attempted theft in the first and second degrees are included offenses of first degree robbery. “[A]n offense is a lesser included offense of another if it satisfies the requirements set forth in HRS § 701-109(4) which codifies the common law doctrine of lesser included offense.” State v. Kinnane, 79 Hawaii 46, 50 , 897 P.2d 973, 977 (1995) (quoting State v. Alston, 75 Haw. 517, 532-33 , 865 P.2d 157, 166 (1994)) (internal quotation marks omitted). 1996Attempted theft in the first and second degrees are included offenses of first degree robbery. “[A]n offense is a lesser included offense of another if it satisfies the requirements set forth in HRS § 701-109(4) which codifies the common law doctrine of lesser included offense.” State v. Kinnane, 79 Hawaii 46, 50 , 897 P.2d 973, 977 (1995) (quoting State v. Alston, 75 Haw. 517, 532-33 , 865 P.2d 157, 166 (1994)) (internal quotation marks omitted). | 1 | 1 |
State v. Williamsgreen2 sentences1995General Entitlement To Included Offense Instructions “[W]hen a defendant in a criminal case timely asks for a lesser included offense instruction to which he [or she] is entitled, it is reversible error not to give it.” State v. Williams, 6 Haw.App. 17, 18 , 708 P.2d 834, 835 (1985) (citing 2 Wright, Federal Procedure and Practice: Criminal 2d § 498 (1982)). 1995General Entitlement To Included Offense Instructions “[W]hen a defendant in a criminal case timely asks for a lesser included offense instruction to which he [or she] is entitled, it is reversible error not to give it.” State v. Williams, 6 Haw.App. 17, 18 , 708 P.2d 834, 835 (1985) (citing 2 Wright, Federal Procedure and Practice: Criminal 2d § 498 (1982)). | 1 | 1 |
State v. Osburngreen2 sentences1989See State v. Osburn, 9 Ohio App. 3d 343, 343, 460 N.E.2d 314, 315 (1983). 1989See State v. Osburn, 9 Ohio App. 3d 343, 343, 460 N.E.2d 314, 315 (1983). | 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. Kupau
green
2 sentences2010GENERAL ENTITLEMENT TO INCLUDED OFFENSE INSTRUCTIONS In State v. Kupau, 76 Hawai'i 387 , 396 n. 14, 879 P.2d 492 , 501 n. 14 (1994), overruled on other grounds by State v. Haanio, 94 Hawai'i 405 , 16 P.3d 246 (2001), the Hawai'i Supreme Court stated that although there may be sufficient evidence to support a guilty verdict as to a charged offense, if the weight of the evidence is to the contrary but supports guilt as to an included offense, the trial judge would be justified in giving an instruction regarding the included offense[.] In State v. Kinnane, 79 Hawai'i 46 , 897 P.2d 973 (1995), the 2006In so doing, we reexamined our decision in State v. Kupau, 76 Hawai'i 387 , 879 P.2d 492 (1994), and rejected the ICA's view that a defendant’s sufficient understanding of the consequences of the waiver of the right to have a lesser included offense instruction should measure a trial court’s decision to give or not give an otherwise proper included offense instruction. | 3 | 1997–2010 |
State v. Kupau
green
2 sentences1996The Hawaii Supreme Court has recognized that subsection (c) of HRS § 701-109(4) “expands the doctrine of lesser included offenses” beyond the common law doctrine to “additionally include as lesser included offenses crimes that require a lesser degree of culpability or a less serious injury or risk of injury.” Kupau, 63 Haw. at 7 , 620 P.2d at 254 . 1996The Hawaii Supreme Court has recognized that subsection (c) of HRS § 701-109(4) “expands the doctrine of lesser included offenses” beyond the common law doctrine to “additionally include as lesser included offenses crimes that require a lesser degree of culpability or a less serious injury or risk of injury.” Kupau, 63 Haw. at 7 , 620 P.2d at 254 . | 2 | 1982–1996 |
State v. Nichols
green
2 sentences2006The ICA next considered the severity of the errors it had found, concluding: (1) “[t]he ‘public servant’ error was not a plain error,” id., 111 Hawai'i at 451 , 142 P.3d at 315 ; (2) “[assuming the ‘relevant attributes’ error was a plain error, we decline to exercise our remedial discretion,” id.; and (3) the failure to give a lesser included offense instruction either (a) was not error because, although Officer Krau was off duty when the alleged threatening occurred, evidence that the alleged threats were unconnected to Krau’s duties as a police officer would have been irrelevant, or (b) it w 2006The ICA next considered the severity of the errors it had found, concluding: (1) “[t]he ‘public servant’ error was not a plain error,” id., 111 Hawai'i at 451 , 142 P.3d at 315 ; (2) “[assuming the ‘relevant attributes’ error was a plain error, we decline to exercise our remedial discretion,” id.; and (3) the failure to give a lesser included offense instruction either (a) was not error because, although Officer Krau was off duty when the alleged threatening occurred, evidence that the alleged threats were unconnected to Krau’s duties as a police officer would have been irrelevant, or (b) it w | 1 | 2006–2006 |
State v. Kuhia
green
2 sentences2006The ICA next considered the severity of the errors it had found, concluding: (1) "[t]he `public servant' error was not a plain error," id., ___ Hawai`i at ___, ___ P.3d at ___; (2) "[a]ssuming the `relevant attributes' error was a plain error, we decline to exercise our remedial discretion," id.; and (3) the failure to give a lesser included offense instruction either (a) was not error because, although Officer Krau was off duty when the alleged threatening occurred, evidence that the alleged threats were unconnected to Krau's duties as a police officer would have been irrelevant, or (b) it wa 2006The ICA next considered the severity of the errors it had found, concluding: (1) "[t]he `public servant' error was not a plain error," id., ___ Hawai`i at ___, ___ P.3d at ___; (2) "[a]ssuming the `relevant attributes' error was a plain error, we decline to exercise our remedial discretion," id.; and (3) the failure to give a lesser included offense instruction either (a) was not error because, although Officer Krau was off duty when the alleged threatening occurred, evidence that the alleged threats were unconnected to Krau's duties as a police officer would have been irrelevant, or (b) it wa | 1 | 2006–2006 |
Spaziano v. Florida
red
2 sentences1997In addressing the petitioner’s argument, the Spaziano court acknowledged the significance of Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), which “made clear that in a capital trial, a lesser included offense instruction is a necessary element of a constitutionally fair trial.” Spaziano, 468 U.S. at 455 , 104 S.Ct. at 3159 . 1997In addressing the petitioner’s argument, the Spaziano court acknowledged the significance of Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), which “made clear that in a capital trial, a lesser included offense instruction is a necessary element of a constitutionally fair trial.” Spaziano, 468 U.S. at 455 , 104 S.Ct. at 3159 . | 1 | 1997–1997 |
Beck v. Alabama
green
2 sentences1997In addressing the petitioner’s argument, the Spaziano court acknowledged the significance of Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), which “made clear that in a capital trial, a lesser included offense instruction is a necessary element of a constitutionally fair trial.” Spaziano, 468 U.S. at 455 , 104 S.Ct. at 3159 . 1997In addressing the petitioner’s argument, the Spaziano court acknowledged the significance of Beck v. Alabama, 447 U.S. 625 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980), which “made clear that in a capital trial, a lesser included offense instruction is a necessary element of a constitutionally fair trial.” Spaziano, 468 U.S. at 455 , 104 S.Ct. at 3159 . | 1 | 1997–1997 |
Commonwealth v. Polimeni
green
2 sentences1980Cir. 1968); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977). 1980Cir. 1968); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977). | 1 | 1980–1980 |
Commonwealth v. Garcia
green
2 sentences1980Cir. 1968); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977). 1980Cir. 1968); Commonwealth v. Garcia, 474 Pa. 449 , 378 A.2d 1199 (1977); Commonwealth v. Polimeni, 474 Pa. 430 , 378 A.2d 1189 (1977). | 1 | 1980–1980 |
William H. Fuller v. United States
green
1 sentence1980A few jurisdictions have adopted the Model Penal Code formulation of the lesser included offense doctrine. 3 See United States v. Fuller, 407 F.2d 1199 (D.C. | 1 | 1980–1980 |
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.