petition without hearing (Hawaii) · Go Syfert
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petition without hearing in Hawaii

13 Hawaii opinions name it 2 courts 1987–2025 5 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 (6)

CaseFollowedCited
Dan v. Stategreen
haw · 1994 · cited in 7 Hawaii opinions naming this issue, 2005–2025
2 sentences

2025But "[w]here examination of the record of the trial court proceedings indicates that the petitioner's allegations show no colorable claim, it is not error to deny the petition without a hearing." Dan, 76 Hawai‘i at 427, 879 P.2d at 532 (emphasis added). 6 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER B.

2025But "[w]here examination of the record of the trial court proceedings indicates that the petitioner's allegations show no colorable claim, it is not error to deny the petition without a hearing." Dan, 76 Hawai‘i at 427, 879 P.2d at 532 (emphasis added). 6 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER B.

47
Barnett v. Stategreen
haw · 1999 · cited in 2 Hawaii opinions naming this issue, 2012–2021
2 sentences

2021See Barnett v. State, 91 Hawai#i 20, 26, 979 P.2d 1046, 1052 (1999).

2012Barnett v. State, 91 Hawai'i 20, 26 , 979 P.2d 1046, 1052 (1999) (quoting Dan v. State, 76 Hawai'i 423, 427 , 879 P.2d 528, 532 (1994)).

22
State v. Allengreen
hawapp · 1987 · cited in 2 Hawaii opinions naming this issue, 2000–2006
2 sentences

2000In Allen , this court further noted that “[w]here [on appellate review] examination of the record of the trial court proceedings indicates that the petitioner’s allegations show no colorable claim, it is not error to deny the petition without a hearing.” Allen, 7 Haw.App. at 92 , 744 P.2d at 792 -93 (citing Widermyre v. State, 452 P.2d 885 (Alaska 1969)).

2000In Allen , this court further noted that “[w]here [on appellate review] examination of the record of the trial court proceedings indicates that the petitioner’s allegations show no colorable claim, it is not error to deny the petition without a hearing.” Allen, 7 Haw.App. at 92 , 744 P.2d at 792 -93 (citing Widermyre v. State, 452 P.2d 885 (Alaska 1969)).

12
Hutch v. Stategreen
haw · 2005 · cited in 1 Hawaii opinions naming this issue, 2025–2025
2 sentences

2025The supreme court then determined it "must also consider the record before overturning the court's denial of the petition without a hearing." Id.

2025The supreme court then determined it "must also consider the record before overturning the court's denial of the petition without a hearing." Id.

11
O'CONNOR v. Diocese of Honolulugreen
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 2022–2022
1 sentence

2022Cnty. of Kauai, 104 Hawai#i 173, 180–81, 86 P.3d 982 , 989–90 (2004) (quoting O'Connor v. Diocese of Honolulu, 77 Hawai #i 383, 386, 885 P.2d 361, 364 (1994)). 5/ The March 6, 2020 hearing, which the Circuit Court characterized as erroneously given, was not "a full and fair evidentiary hearing" as set forth in HRPP Rule 40(f). 5 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Where examination of the record of the trial court proceedings indicates that the petitioner's allegations show no colorable claim, it is not error to deny the petition without a hearing.

11
Lincoln v. Stategreen
haw · 1983 · cited in 1 Hawaii opinions naming this issue, 2009–2009
2 sentences

2009Cf. Lincoln v. State, 66 Haw. 566, 567 , 670 P.2d 1263, 1264 (1983) (petitioner produced some evidence in support of contention that principal witness had recanted his testimony; therefore, HRPP Rule 4 0 petition was not patently frivolous or without a trace of support and petitioner was entitled to a full and fair hearing).

2009Cf. Lincoln v. State, 66 Haw. 566, 567 , 670 P.2d 1263, 1264 (1983) (petitioner produced some evidence in support of contention that principal witness had recanted his testimony; therefore, HRPP Rule 4 0 petition was not patently frivolous or without a trace of support and petitioner was entitled to a full and fair hearing).

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 (3)

CaseCitedYears
Widermyre v. State neutral
alaska · 1969
2 sentences

2000In Allen , this court further noted that “[w]here [on appellate review] examination of the record of the trial court proceedings indicates that the petitioner’s allegations show no colorable claim, it is not error to deny the petition without a hearing.” Allen, 7 Haw.App. at 92 , 744 P.2d at 792 -93 (citing Widermyre v. State, 452 P.2d 885 (Alaska 1969)).

1994Widermyre v. State, 452 P.2d 885 (Alaska 1969).

31987–2000
Morgan v. Planning Department, County of Kauai green
haw · 2004
1 sentence

2022Cnty. of Kauai, 104 Hawai#i 173, 180–81, 86 P.3d 982 , 989–90 (2004) (quoting O'Connor v. Diocese of Honolulu, 77 Hawai #i 383, 386, 885 P.2d 361, 364 (1994)). 5/ The March 6, 2020 hearing, which the Circuit Court characterized as erroneously given, was not "a full and fair evidentiary hearing" as set forth in HRPP Rule 40(f). 5 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Where examination of the record of the trial court proceedings indicates that the petitioner's allegations show no colorable claim, it is not error to deny the petition without a hearing.

12022–2022
cluster 749366 green
ca9 · 1997
1 sentence

2000Accordingly, Appellant must establish a “colorable claim” that the alleged pro *311 longed physical custody resulting from denial of his parole request was illegal. 14 It is not evident from the record whether Appellant has had the “opportunity to formally challenge the imposition of the ‘sex offender’ label in an adversarial setting” or has “been convicted of a sex offense.” Neal, 131 F.3d at 831 .

12000–2000

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 706-661 (3) HI § Haw. Rev. Stat. § 712-1243 (3)

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.

Where else courts name it

PA 680 (1958–2026) TN 188 (1921–2026) OH 90 (1980–2026) NY 83 (1962–2023) CA 54 (1984–2025) IL 24 (1967–2025) AR 19 (1983–2023) MD 16 (1958–2022) HI 13 (1987–2025) IN 12 (1977–2021) MN 9 (1962–2025) GA 6 (1981–2020) WV 6 (2012–2022) FL 6 (1967–2016) MT 5 (2013–2024) AZ 5 (2015–2022) ID 4 (1985–2017) CO 4 (1994–1995) MA 3 (1972–2025) NJ 3 (1963–2018) MS 3 (1997–2019) MO 3 (1966–2003) NM 3 (1999–2009) NH 2 (2009–2011) CT 2 (2018–2018)

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.

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