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12 Hawaii opinions name it 2 courts 1978–2025 1 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. Riveiragreen2 sentences2013Faced with inaccurate or incomplete instructions, “[the] trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.” State v. Riveira, 59 Haw. 148, 155 , 577 P.2d 793, 797 (1978) (citations omitted). 2013Faced with inaccurate or incomplete instructions, “[the] trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.” State v. Riveira, 59 Haw. 148, 155 , 577 P.2d 793, 797 (1978) (citations omitted). | 7 | 7 |
Briones v. Stategreen2 sentences1995On the other hand, if instructions are necessary in order for the jury to “have a clear and correct understanding of what it is that they are to decide” and the instructions requested by the parties are “inaccurate or incomplete instructions, ‘the trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.’” State v. Kupau 76 Hawai'i 387, 395 , 879 P.2d 492, 500 (1994) (quoting State v. Feliciano, 62 Haw. 637, 643 , 618 P.2d 306, 310 (1980) and Briones v. State, 74 Haw. 442, 473 , 848 P.2d 966, 980 (1993) 1995On the other hand, if instructions are necessary in order for the jury to “have a clear and correct understanding of what it is that they are to decide” and the instructions requested by the parties are “inaccurate or incomplete instructions, ‘the trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.’” State v. Kupau 76 Hawai'i 387, 395 , 879 P.2d 492, 500 (1994) (quoting State v. Feliciano, 62 Haw. 637, 643 , 618 P.2d 306, 310 (1980) and Briones v. State, 74 Haw. 442, 473 , 848 P.2d 966, 980 (1993) | 2 | 2 |
State v. KAPAUgreen2 sentences1995On the other hand, if instructions are necessary in order for the jury to “have a clear and correct understanding of what it is that they are to decide” and the instructions requested by the parties are “inaccurate or incomplete instructions, ‘the trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.’” State v. Kupau 76 Hawai'i 387, 395 , 879 P.2d 492, 500 (1994) (quoting State v. Feliciano, 62 Haw. 637, 643 , 618 P.2d 306, 310 (1980) and Briones v. State, 74 Haw. 442, 473 , 848 P.2d 966, 980 (1993) 1995I., swpra, when instructions are necessary in order for the jury to “have a clear and correct understanding of what it is that they are to decide” and the instructions requested by the parties are “inaccurate or incomplete instructions, ‘the trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.’” State v. Kupau, 76 Hawai'i 387, 395 , 879 P.2d 492, 500 (1994) (citations and emphasis omitted); accord Riveira, 59 Haw. at 155 , 577 P.2d at 797 . | 1 | 2 |
State v. Eberlygreen1 sentence2025Id.; see also State v. Eberly, 107 Hawai i 239, 250, 112 P.3d 725, 736 (2005) (holding "when a defendant asserts a non-affirmative defense and adduces evidence in support thereof, the circuit court must instruct the jury as to the prosecution's burden of proof with respect to negativing the defense") (citations omitted). 3 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER We also reject the State's argument that, in essence, the erroneous jury instruction was harmless because the Circuit Court properly instructed the jury on the choice of evils justification defense, which was | 1 | 1 |
State v. Valdezgreen2 sentences2013Valdez, 98 Hawai#i at 79, 42 P.3d at 656 (emphases added) (second alteration added, other alterations in original). 2013Valdez, 98 Hawai'i at 79 , 42 P.3d at 656 (emphases added) (second alteration added, other alterations in original). | 1 | 1 |
Singer Co. v. Superior Courtgreen2 sentences2003Bailey and Bellatti constitute significant property interests, citing Singer Co. v. Superior Court, 179 Cal.App.3d 875 , 225 Cal.Rptr. 159, 168 (1986), (2) that "there was a severe risk of an erroneous deprivation of [his] contribution right through the defective hearing process," [35] and (3) that his due process rights outweigh the state's interest in encouraging settlements. 2003Bailey and Bellatti constitute significant property interests, citing Singer Co. v. Superior Court, 179 Cal.App.3d 875 , 225 Cal.Rptr. 159, 168 (1986), (2) that "there was a severe risk of an erroneous deprivation of [his] contribution right through the defective hearing process," [35] and (3) that his due process rights outweigh the state's interest in encouraging settlements. | 1 | 1 |
Erreca's v. SUPERIOR COURT OF SAN DIEGO CTY.green2 sentences2003Troyer counters that HRS § 663-15.5 provides the same due process protections as CCPC § 877.6, which a California court up-held *116 against a due process challenge in Erreca's v. Superior Court, 19 Cal.App.4th 1475 , 24 Cal.Rptr.2d 156, 168-69 (1993). 2003Troyer counters that HRS § 663-15.5 provides the same due process protections as CCPC § 877.6, which a California court up-held *116 against a due process challenge in Erreca's v. Superior Court, 19 Cal.App.4th 1475 , 24 Cal.Rptr.2d 156, 168-69 (1993). | 1 | 1 |
State v. Felicianogreen2 sentences1995On the other hand, if instructions are necessary in order for the jury to “have a clear and correct understanding of what it is that they are to decide” and the instructions requested by the parties are “inaccurate or incomplete instructions, ‘the trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.’” State v. Kupau 76 Hawai'i 387, 395 , 879 P.2d 492, 500 (1994) (quoting State v. Feliciano, 62 Haw. 637, 643 , 618 P.2d 306, 310 (1980) and Briones v. State, 74 Haw. 442, 473 , 848 P.2d 966, 980 (1993) 1995On the other hand, if instructions are necessary in order for the jury to “have a clear and correct understanding of what it is that they are to decide” and the instructions requested by the parties are “inaccurate or incomplete instructions, ‘the trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.’” State v. Kupau 76 Hawai'i 387, 395 , 879 P.2d 492, 500 (1994) (quoting State v. Feliciano, 62 Haw. 637, 643 , 618 P.2d 306, 310 (1980) and Briones v. State, 74 Haw. 442, 473 , 848 P.2d 966, 980 (1993) | 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 sentences1995On the other hand, if instructions are necessary in order for the jury to “have a clear and correct understanding of what it is that they are to decide” and the instructions requested by the parties are “inaccurate or incomplete instructions, ‘the trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.’” State v. Kupau 76 Hawai'i 387, 395 , 879 P.2d 492, 500 (1994) (quoting State v. Feliciano, 62 Haw. 637, 643 , 618 P.2d 306, 310 (1980) and Briones v. State, 74 Haw. 442, 473 , 848 P.2d 966, 980 (1993) 1995I., swpra, when instructions are necessary in order for the jury to “have a clear and correct understanding of what it is that they are to decide” and the instructions requested by the parties are “inaccurate or incomplete instructions, ‘the trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction.’” State v. Kupau, 76 Hawai'i 387, 395 , 879 P.2d 492, 500 (1994) (citations and emphasis omitted); accord Riveira, 59 Haw. at 155 , 577 P.2d at 797 . | 1 | 1995–1995 |
People v. Moya
green
2 sentences1978However, we believe, as the Colorado Court said in People v. Moya, supra 182 Colo. at 292 , 512 P.2d at 1156 , that “[t]he fact that a defense theory instruction may be ineptly worded, grammatically incorrect or inaccurate in some particular does not excuse the trial court from properly instructing on the theory of defense, assuming there is some evidence to support such an instruction.” The trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction. 1978However, we believe, as the Colorado Court said in People v. Moya, supra 182 Colo. at 292 , 512 P.2d at 1156 , that “[t]he fact that a defense theory instruction may be ineptly worded, grammatically incorrect or inaccurate in some particular does not excuse the trial court from properly instructing on the theory of defense, assuming there is some evidence to support such an instruction.” The trial court has a duty to, with the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction. | 1 | 1978–1978 |
Nora v. People
green
2 sentences1978Nora v. People, 176 Colo. 454 , 491 P.2d 62 (1971); Zarate v. People, 163 Colo. 205 , 429 P.2d 309 (1967) (en banc). 1978Nora v. People, 176 Colo. 454 , 491 P.2d 62 (1971); Zarate v. People, 163 Colo. 205 , 429 P.2d 309 (1967) (en banc). | 1 | 1978–1978 |
Zarate v. People
green
2 sentences1978Nora v. People, 176 Colo. 454 , 491 P.2d 62 (1971); Zarate v. People, 163 Colo. 205 , 429 P.2d 309 (1967) (en banc). 1978Nora v. People, 176 Colo. 454 , 491 P.2d 62 (1971); Zarate v. People, 163 Colo. 205 , 429 P.2d 309 (1967) (en banc). | 1 | 1978–1978 |
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.