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13 Hawaii opinions name it 2 courts 1985–2009 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 |
|---|---|---|
State v. Nishigreen2 sentences2009"A police officer may not testify, without proper foundation, about his opinion about whether a DUI defendant is intoxicated . . . based on FSTs." State v. Toyomura, 80 Hawai`i 8, 26, 904 P.2d 893, 911 (1995) (brackets omitted) (citing State v. Nishi, 9 Haw. 1995Specifically, Toyomura relies on State v. Nishi, 9 Haw.App. 516 , 852 P.2d 476 (1993), in making the following argument: [A] police officer may not testify, without proper foundation, about his opinion about whether a DUI defendant is intoxicated ... based on [FSTs].... | 2 | 2 |
Keel v. Stategreen2 sentences2006We stated that an Intoxilyzer test result is “not ‘unassailable[,]’ ” id. at [25], 740 P.2d at 1020 (quoting Keel v. State, 609 P.2d 555, 557 (Alaska 1980)), and that a DUI defendant has a “constitutional right to present all relevant evidence in his defense[.]” Id. at [26], 740 P.2d at 1021 (quoting State v. Vega, 12 Ohio St.3d 185, 190 , 465 N.E.2d 1303,1308 (1984) (dissenting opinion)). *326 Defendant therefore had the right through cross-examination of [police department criminalist] Hong to question the reliability of the Intoxilyzer, which utilizes a partition ratio of 2,100 to 1, and th 2006We stated that an Intoxilyzer test result is “not ‘unassailable[,]’ ” id. at [25], 740 P.2d at 1020 (quoting Keel v. State, 609 P.2d 555, 557 (Alaska 1980)), and that a DUI defendant has a “constitutional right to present all relevant evidence in his defense[.]” Id. at [26], 740 P.2d at 1021 (quoting State v. Vega, 12 Ohio St.3d 185, 190 , 465 N.E.2d 1303,1308 (1984) (dissenting opinion)). *326 Defendant therefore had the right through cross-examination of [police department criminalist] Hong to question the reliability of the Intoxilyzer, which utilizes a partition ratio of 2,100 to 1, and th | 2 | 2 |
State v. Vegagreen2 sentences2006We stated that an Intoxilyzer test result is “not ‘unassailable[,]’ ” id. at [25], 740 P.2d at 1020 (quoting Keel v. State, 609 P.2d 555, 557 (Alaska 1980)), and that a DUI defendant has a “constitutional right to present all relevant evidence in his defense[.]” Id. at [26], 740 P.2d at 1021 (quoting State v. Vega, 12 Ohio St.3d 185, 190 , 465 N.E.2d 1303,1308 (1984) (dissenting opinion)). *326 Defendant therefore had the right through cross-examination of [police department criminalist] Hong to question the reliability of the Intoxilyzer, which utilizes a partition ratio of 2,100 to 1, and th 2006We stated that an Intoxilyzer test result is “not ‘unassailable[,]’ ” id. at [25], 740 P.2d at 1020 (quoting Keel v. State, 609 P.2d 555, 557 (Alaska 1980)), and that a DUI defendant has a “constitutional right to present all relevant evidence in his defense[.]” Id. at [26], 740 P.2d at 1021 (quoting State v. Vega, 12 Ohio St.3d 185, 190 , 465 N.E.2d 1303,1308 (1984) (dissenting opinion)). *326 Defendant therefore had the right through cross-examination of [police department criminalist] Hong to question the reliability of the Intoxilyzer, which utilizes a partition ratio of 2,100 to 1, and th | 2 | 2 |
State v. Toyomuragreen2 sentences2009"A police officer may not testify, without proper foundation, about his opinion about whether a DUI defendant is intoxicated . . . based on FSTs." State v. Toyomura, 80 Hawai`i 8, 26, 904 P.2d 893, 911 (1995) (brackets omitted) (citing State v. Nishi, 9 Haw. 2001In State v. Toyomura, 80 Hawai'i 8 , 904 P.2d 893 (1995), the following colloquy occurred while the arresting police officer was on the stand during the trial of a DUI defendant: THE COURT: Okay. | 1 | 2 |
State v. Christiegreen2 sentences2006We next note that our supreme court stated that “the use of the Intoxilyzer had been approved by the Director of Health and it met the Federal Standard for Devices to Measure Breath Alcohol.” State v. Tengan, 67 Haw. 451, 462 , 691 P.2d 365, 373 (1984). 14 Recently, citing Tengan , the supreme court reiterated that the Intoxi-lyzer 401 IAS was “approved for use by the county police departments!)]” State v. Christie, 70 Haw. 158, 163 , 766 P.2d 1198, 1201 (1988), cert. denied, [490] U.S. [1067], 109 S.Ct. 2068 , 104 L.Ed.2d 633 (1989). 15 We held in State v. Lowther, 7 Haw.App. [20], 740 P.2d 1 2006We next note that our supreme court stated that “the use of the Intoxilyzer had been approved by the Director of Health and it met the Federal Standard for Devices to Measure Breath Alcohol.” State v. Tengan, 67 Haw. 451, 462 , 691 P.2d 365, 373 (1984). 14 Recently, citing Tengan , the supreme court reiterated that the Intoxi-lyzer 401 IAS was “approved for use by the county police departments!)]” State v. Christie, 70 Haw. 158, 163 , 766 P.2d 1198, 1201 (1988), cert. denied, [490] U.S. [1067], 109 S.Ct. 2068 , 104 L.Ed.2d 633 (1989). 15 We held in State v. Lowther, 7 Haw.App. [20], 740 P.2d 1 | 1 | 1 |
State v. Tengangreen2 sentences2006We next note that our supreme court stated that “the use of the Intoxilyzer had been approved by the Director of Health and it met the Federal Standard for Devices to Measure Breath Alcohol.” State v. Tengan, 67 Haw. 451, 462 , 691 P.2d 365, 373 (1984). 14 Recently, citing Tengan , the supreme court reiterated that the Intoxi-lyzer 401 IAS was “approved for use by the county police departments!)]” State v. Christie, 70 Haw. 158, 163 , 766 P.2d 1198, 1201 (1988), cert. denied, [490] U.S. [1067], 109 S.Ct. 2068 , 104 L.Ed.2d 633 (1989). 15 We held in State v. Lowther, 7 Haw.App. [20], 740 P.2d 1 2006We next note that our supreme court stated that “the use of the Intoxilyzer had been approved by the Director of Health and it met the Federal Standard for Devices to Measure Breath Alcohol.” State v. Tengan, 67 Haw. 451, 462 , 691 P.2d 365, 373 (1984). 14 Recently, citing Tengan , the supreme court reiterated that the Intoxi-lyzer 401 IAS was “approved for use by the county police departments!)]” State v. Christie, 70 Haw. 158, 163 , 766 P.2d 1198, 1201 (1988), cert. denied, [490] U.S. [1067], 109 S.Ct. 2068 , 104 L.Ed.2d 633 (1989). 15 We held in State v. Lowther, 7 Haw.App. [20], 740 P.2d 1 | 1 | 1 |
State v. Wilsongreen2 sentences2005See State v. Garcia, 96 Hawai`i 200, 208, 29 P.3d 919, 927 (2001) (Nakayama, J. dissenting, joined by Ramil, J.) (reiterating the exclusionary rule that remedy for violation of implied consent rule was exclusion of intoxilyzer test); State v. Wilson, 92 Hawai`i 45, 49, 987 P.2d 268, 272 (1999) (Nakayama, J. dissenting, joined by Ramil, J.) (announcing exclusionary rule and holding that implied consent law was intending to protect the rights of the driver "to enable the driver to knowingly and intelligently consent to or refuse a chemical alcohol test"). 2005See State v. Garcia, 96 Hawai`i 200, 208, 29 P.3d 919, 927 (2001) (Nakayama, J. dissenting, joined by Ramil, J.) (reiterating the exclusionary rule that remedy for violation of implied consent rule was exclusion of intoxilyzer test); State v. Wilson, 92 Hawai`i 45, 49, 987 P.2d 268, 272 (1999) (Nakayama, J. dissenting, joined by Ramil, J.) (announcing exclusionary rule and holding that implied consent law was intending to protect the rights of the driver "to enable the driver to knowingly and intelligently consent to or refuse a chemical alcohol test"). | 1 | 1 |
State v. Garciagreen2 sentences2005See State v. Garcia, 96 Hawai`i 200, 208, 29 P.3d 919, 927 (2001) (Nakayama, J. dissenting, joined by Ramil, J.) (reiterating the exclusionary rule that remedy for violation of implied consent rule was exclusion of intoxilyzer test); State v. Wilson, 92 Hawai`i 45, 49, 987 P.2d 268, 272 (1999) (Nakayama, J. dissenting, joined by Ramil, J.) (announcing exclusionary rule and holding that implied consent law was intending to protect the rights of the driver "to enable the driver to knowingly and intelligently consent to or refuse a chemical alcohol test"). 2005See State v. Garcia, 96 Hawai`i 200, 208, 29 P.3d 919, 927 (2001) (Nakayama, J. dissenting, joined by Ramil, J.) (reiterating the exclusionary rule that remedy for violation of implied consent rule was exclusion of intoxilyzer test); State v. Wilson, 92 Hawai`i 45, 49, 987 P.2d 268, 272 (1999) (Nakayama, J. dissenting, joined by Ramil, J.) (announcing exclusionary rule and holding that implied consent law was intending to protect the rights of the driver "to enable the driver to knowingly and intelligently consent to or refuse a chemical alcohol test"). | 1 | 1 |
State v. Severinogreen2 sentences1999State v. Severino, 56 Haw. 378, 380 , 537 P.2d 1187, 1189 (1975); see also State v. Gustafson, 54 Haw. 519, 520 , 511 P.2d 161, 162 (1973). 1999State v. Severino, 56 Haw. 378, 380 , 537 P.2d 1187, 1189 (1975); see also State v. Gustafson, 54 Haw. 519, 520 , 511 P.2d 161, 162 (1973). | 1 | 1 |
State v. Gustafsongreen2 sentences1999State v. Severino, 56 Haw. 378, 380 , 537 P.2d 1187, 1189 (1975); see also State v. Gustafson, 54 Haw. 519, 520 , 511 P.2d 161, 162 (1973). 1999State v. Severino, 56 Haw. 378, 380 , 537 P.2d 1187, 1189 (1975); see also State v. Gustafson, 54 Haw. 519, 520 , 511 P.2d 161, 162 (1973). | 1 | 1 |
United States v. Wesley G. Cranergreen1 sentence1985United States v. Craner, 652 F.2d 23, 26 (9th Cir. 1981). | 1 | 1 |
Baker v. City of Fairbanksgreen1 sentence1985See, e.g., Baker v. City of Fairbanks, 471 P.2d 386 (Alaska 1970); State v. Gerber, 206 Neb. 75 , 291 N.W.2d 403 (1980); State v. Morgan, 598 S.W.2d 796 (Tenn. Crim. | 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. Lowther
green
2 sentences2006We next note that our supreme court stated that “the use of the Intoxilyzer had been approved by the Director of Health and it met the Federal Standard for Devices to Measure Breath Alcohol.” State v. Tengan, 67 Haw. 451, 462 , 691 P.2d 365, 373 (1984). 14 Recently, citing Tengan , the supreme court reiterated that the Intoxi-lyzer 401 IAS was “approved for use by the county police departments!)]” State v. Christie, 70 Haw. 158, 163 , 766 P.2d 1198, 1201 (1988), cert. denied, [490] U.S. [1067], 109 S.Ct. 2068 , 104 L.Ed.2d 633 (1989). 15 We held in State v. Lowther, 7 Haw.App. [20], 740 P.2d 1 2006We stated that an Intoxilyzer test result is “not ‘unassailable[,]’ ” id. at [25], 740 P.2d at 1020 (quoting Keel v. State, 609 P.2d 555, 557 (Alaska 1980)), and that a DUI defendant has a “constitutional right to present all relevant evidence in his defense[.]” Id. at [26], 740 P.2d at 1021 (quoting State v. Vega, 12 Ohio St.3d 185, 190 , 465 N.E.2d 1303,1308 (1984) (dissenting opinion)). *326 Defendant therefore had the right through cross-examination of [police department criminalist] Hong to question the reliability of the Intoxilyzer, which utilizes a partition ratio of 2,100 to 1, and th | 2 | 1989–2006 |
State v. O'BRIEN
green
2 sentences1999A DUI violation is a criminal offense, see State v. O'Brien, 5 Haw.App. 491 , [497], 704 P.2d 905, 911 , aff'd, 68 Haw. [38], 704 P.2d 833 [883] (1985), whereas an implied consent violation is "civil in nature, and hearings before a district judge, pursuant to statute, are in the nature of administrative proceedings." (Emphasis in original). 1999A DUI violation is a criminal offense, see State v. O'Brien, 5 Haw.App. 491 , [497], 704 P.2d 905, 911 , aff'd, 68 Haw. [38], 704 P.2d 833 [883] (1985), whereas an implied consent violation is "civil in nature, and hearings before a district judge, pursuant to statute, are in the nature of administrative proceedings." (Emphasis in original). | 2 | 1986–1999 |
Christie v. Hawaii
green
1 sentence2006We next note that our supreme court stated that “the use of the Intoxilyzer had been approved by the Director of Health and it met the Federal Standard for Devices to Measure Breath Alcohol.” State v. Tengan, 67 Haw. 451, 462 , 691 P.2d 365, 373 (1984). 14 Recently, citing Tengan , the supreme court reiterated that the Intoxi-lyzer 401 IAS was “approved for use by the county police departments!)]” State v. Christie, 70 Haw. 158, 163 , 766 P.2d 1198, 1201 (1988), cert. denied, [490] U.S. [1067], 109 S.Ct. 2068 , 104 L.Ed.2d 633 (1989). 15 We held in State v. Lowther, 7 Haw.App. [20], 740 P.2d 1 | 1 | 2006–2006 |
Washington v. First Federal Savings & Loan Ass'n
green
1 sentence2006We next note that our supreme court stated that “the use of the Intoxilyzer had been approved by the Director of Health and it met the Federal Standard for Devices to Measure Breath Alcohol.” State v. Tengan, 67 Haw. 451, 462 , 691 P.2d 365, 373 (1984). 14 Recently, citing Tengan , the supreme court reiterated that the Intoxi-lyzer 401 IAS was “approved for use by the county police departments!)]” State v. Christie, 70 Haw. 158, 163 , 766 P.2d 1198, 1201 (1988), cert. denied, [490] U.S. [1067], 109 S.Ct. 2068 , 104 L.Ed.2d 633 (1989). 15 We held in State v. Lowther, 7 Haw.App. [20], 740 P.2d 1 | 1 | 2006–2006 |
State v. Nakata
green
2 sentences1996In Nakata, 76 Hawai'i 360 , 878 P.2d 699 (1993), we held a first-offense DUI violation to be petty where a violator faced suspension of his or her license for ninety days, a fine of up to $1,000.00, compulsory rehabilitation and community service, and reimbursement for the cost of implementing the penalties. 1996In Nakata, 76 Hawai'i 360 , 878 P.2d 699 (1993), we held a first-offense DUI violation to be petty where a violator faced suspension of his or her license for ninety days, a fine of up to $1,000.00, compulsory rehabilitation and community service, and reimbursement for the cost of implementing the penalties. | 1 | 1996–1996 |
State v. O'BRIEN
green
2 sentences1994Relying on State v. O’Brien, 68 Haw. 38 , 704 P.2d 883 (1985), they each requested jury trials, and accordingly, the cases were transferred to the First Circuit Court. 1994Relying on State v. O’Brien, 68 Haw. 38 , 704 P.2d 883 (1985), they each requested jury trials, and accordingly, the cases were transferred to the First Circuit Court. | 1 | 1994–1994 |
State v. Fedak
red
1 sentence1992This court held that the HPD regulation was an internal regulation within the definition of HRS § 91-1(4), stating: [Although HPD sobriety roadblocks unquestionably impinge on a driver’s freedom of movement, [the HPD regulation’s] procedures are aimed at prescribing and controlling the police officer’s activities in order to minimize the intrusion on the driver’s rights. 9 Haw. | 1 | 1992–1992 |
State v. Gerber
green
2 sentences1985See, e.g., Baker v. City of Fairbanks, 471 P.2d 386 (Alaska 1970); State v. Gerber, 206 Neb. 75 , 291 N.W.2d 403 (1980); State v. Morgan, 598 S.W.2d 796 (Tenn. Crim. 1985See, e.g., Baker v. City of Fairbanks, 471 P.2d 386 (Alaska 1970); State v. Gerber, 206 Neb. 75 , 291 N.W.2d 403 (1980); State v. Morgan, 598 S.W.2d 796 (Tenn. Crim. | 1 | 1985–1985 |
State v. Morgan
green
1 sentence1985See, e.g., Baker v. City of Fairbanks, 471 P.2d 386 (Alaska 1970); State v. Gerber, 206 Neb. 75 , 291 N.W.2d 403 (1980); State v. Morgan, 598 S.W.2d 796 (Tenn. Crim. | 1 | 1985–1985 |
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.