refusal to give instruction in Hawaii

11 Hawaii opinions name it 2 courts 1904–2015 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.

Followed or applied (5)

Case	Followed	Cited
State, by Atty. Gen. v. Pioneer Mill Co.green haw · 1981 · cited in 6 Hawaii opinions naming this issue, 1990–2015 2 sentences 2015Moreover, a refusal to give an instruction that correctly states the law is not in error if another expressing a substantially similar principle is given.” Montalvo v. Lapez, 77 Hawai'i 282, 286 , 884 P.2d 345, 349 (1994) (alteration in original) (quoting State v. Pioneer Mill Co., 64 Haw. 168, 180 , 637 P.2d 1131, 1140 (1981)). 2015Moreover, a refusal to give an instruction that correctly states the law is not in error if another expressing a substantially similar principle is given.” Montalvo v. Lapez, 77 Hawai'i 282, 286 , 884 P.2d 345, 349 (1994) (alteration in original) (quoting State v. Pioneer Mill Co., 64 Haw. 168, 180 , 637 P.2d 1131, 1140 (1981)).	5	6
State v. Heirs of Halemano Kapahigreen haw · 1964 · cited in 2 Hawaii opinions naming this issue, 1981–1981 2 sentences 1981Moreover, “a refusal to give an instruction that correctly states the law is not error if another expressing a substantially similar principle is given.” City County v. International Air Service Co., supra, 63 Haw. at 339 , 628 P.2d at 204 ; State v. Heirs of Kapahi, 48 Haw. 101, 108 , 395 P.2d 932, 937 (1964). 1981Moreover, “a refusal to give an instruction that correctly states the law is not error if another expressing a substantially similar principle is given.” City County v. International Air Service Co., supra, 63 Haw. at 339 , 628 P.2d at 204 ; State v. Heirs of Kapahi, 48 Haw. 101, 108 , 395 P.2d 932, 937 (1964).	2	2
Montalvo v. Lapezgreen haw · 1994 · cited in 2 Hawaii opinions naming this issue, 1997–2015 2 sentences 2015Moreover, a refusal to give an instruction that correctly states the law is not in error if another expressing a substantially similar principle is given.” Montalvo v. Lapez, 77 Hawai'i 282, 286 , 884 P.2d 345, 349 (1994) (alteration in original) (quoting State v. Pioneer Mill Co., 64 Haw. 168, 180 , 637 P.2d 1131, 1140 (1981)). 2015Moreover, a refusal to give an instruction that correctly states the law is not in error if another expressing a substantially similar principle is given.” Montalvo v. Lapez, 77 Hawai'i 282, 286 , 884 P.2d 345, 349 (1994) (alteration in original) (quoting State v. Pioneer Mill Co., 64 Haw. 168, 180 , 637 P.2d 1131, 1140 (1981)).	1	2
Richardson v. Sport Shinko (Waikiki Corp.)green haw · 1994 · cited in 1 Hawaii opinions naming this issue, 1997–1997 2 sentences 1997Moreover, a refusal to give an instruction that correctly states the law is not error if another expressing a substantially similar principle is given.’ ” Montalvo, 77 Hawai'i at 286 , 884 P.2d at 349 (quoting Pioneer Mill, 64 Haw. at 180 , 637 P.2d at 1140 (ellipsis points in original)); see also Richardson v. Sport Shinko (Waikiki Corp.), 76 Hawai'i 494, 504 , 880 P.2d 169, 179 (1994) (“The trial court does not abuse its discretion by refusing a requested instruction that is substantially covered by other instructions, even when the refused instruction is a correct statement of the law.”). 1997Moreover, a refusal to give an instruction that correctly states the law is not error if another expressing a substantially similar principle is given.’ ” Montalvo, 77 Hawai'i at 286 , 884 P.2d at 349 (quoting Pioneer Mill, 64 Haw. at 180 , 637 P.2d at 1140 (ellipsis points in original)); see also Richardson v. Sport Shinko (Waikiki Corp.), 76 Hawai'i 494, 504 , 880 P.2d 169, 179 (1994) (“The trial court does not abuse its discretion by refusing a requested instruction that is substantially covered by other instructions, even when the refused instruction is a correct statement of the law.”).	1	1
Craft v. Peeblesgreen haw · 1995 · cited in 1 Hawaii opinions naming this issue, 1996–1996 2 sentences 1996Craft v. Peebles, 78 Hawai'i 287, 302 , 893 P.2d 138, 153 (1995). b. 1996Craft v. Peebles, 78 Hawai'i 287, 302 , 893 P.2d 138, 153 (1995). b.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
State v. Shak green haw · 1994 2 sentences 1997Moreover, a refusal to give an instruction that correctly states the law is not error if another expressing a substantially similar principle is given.’ ” (Quoting State v. Pioneer Mill Co., Ltd., 64 Haw. 168, 180 , 637 P.2d 1131, 1140 (1981))), reconsideration denied, 77 Hawai'i 489 , 889 P.2d 66 (1994) (ellipsis points in original). 1996Moreover, a refusal to give an instruction that correctly states the law is not error if another expressing a substantially similar principle is given.”) (quoting State v. Pioneer Mill Co., Ltd., 64 Haw. 168, 180 , 637 P.2d 1131, 1140 (1981)), reconsideration denied, 77 Hawai'i 489 , 889 P.2d 66 (1994).	3	1995–1997
Keomaka v. Zakaib green hawapp · 1991 2 sentences 1995Contributory Negligence Relying on Keomaka v. Zakaib, 8 Haw.App. 518, 811 P.2d 478 , cert. denied, 72 Haw. 618 , 841 P.2d 1075 (1991), Craft argues that the trial court’s jury instruction on contributory negligence was reversible error. 1995Contributory Negligence Relying on Keomaka v. Zakaib, 8 Haw.App. 518, 811 P.2d 478 , cert. denied, 72 Haw. 618 , 841 P.2d 1075 (1991), Craft argues that the trial court’s jury instruction on contributory negligence was reversible error.	1	1995–1995
City & County of Honolulu v. International Air Service Co. green haw · 1981 2 sentences 1981Moreover, “a refusal to give an instruction that correctly states the law is not error if another expressing a substantially similar principle is given.” City County v. International Air Service Co., supra, 63 Haw. at 339 , 628 P.2d at 204 ; State v. Heirs of Kapahi, 48 Haw. 101, 108 , 395 P.2d 932, 937 (1964). 1981Moreover, “a refusal to give an instruction that correctly states the law is not error if another expressing a substantially similar principle is given.” City County v. International Air Service Co., supra, 63 Haw. at 339 , 628 P.2d at 204 ; State v. Heirs of Kapahi, 48 Haw. 101, 108 , 395 P.2d 932, 937 (1964).	1	1981–1981
Lewis v. Buckskin Joe's, Inc. green colo · 1964 2 sentences 1965What is to guide the discretion of the judge in a particular case is by no means clear. * * ” In November 1964, the Supreme Court of Colorado in Lewis v. Buckskin Joe’s, Inc.,- Colo. -, 396 P.2d 933, 941-42 , expressly overruled previous opinions on unavoidable accident instructions and stated: “ * * Instructions on negligence and contributory negligence are sufficient and inclusive of so-called unavoidable accidents. 1965What is to guide the discretion of the judge in a particular case is by no means clear. * * " In November 1964, the Supreme Court of Colorado in 348 Lewis v. Buckskin Joe's, Inc., ___ Colo. ___, 396 P.2d 933, 941-42 , expressly overruled previous opinions on unavoidable accident instructions and stated: "* * * Instructions on negligence and contributory negligence are sufficient and inclusive of so-called unavoidable accidents.	1	1965–1965
Territory v. Leong Kun green haw · 1926 1 sentence 1934Quoting from the syllabus of Territory v. Honda, 31 Haw. 913 , and applying the same to the instant case: “The refusal to give an instruction is not prejudicial error, although it states a correct principle of law, when another instruction stating substantially the same principle is given.” See also Territory v. Marks, 25 Haw. 219 ; Territory v. Martins, 28 Haw. 187 ; Territory v. Leong Kun, 29 Haw. 90 .	1	1934–1934
Territory v. Martins neutral haw · 1925 1 sentence 1934Quoting from the syllabus of Territory v. Honda, 31 Haw. 913 , and applying the same to the instant case: “The refusal to give an instruction is not prejudicial error, although it states a correct principle of law, when another instruction stating substantially the same principle is given.” See also Territory v. Marks, 25 Haw. 219 ; Territory v. Martins, 28 Haw. 187 ; Territory v. Leong Kun, 29 Haw. 90 .	1	1934–1934
Territory v. Honda green haw · 1931 1 sentence 1934Quoting from the syllabus of Territory v. Honda, 31 Haw. 913 , and applying the same to the instant case: “The refusal to give an instruction is not prejudicial error, although it states a correct principle of law, when another instruction stating substantially the same principle is given.” See also Territory v. Marks, 25 Haw. 219 ; Territory v. Martins, 28 Haw. 187 ; Territory v. Leong Kun, 29 Haw. 90 .	1	1934–1934
Territory v. Marks neutral haw · 1919 1 sentence 1934Quoting from the syllabus of Territory v. Honda, 31 Haw. 913 , and applying the same to the instant case: “The refusal to give an instruction is not prejudicial error, although it states a correct principle of law, when another instruction stating substantially the same principle is given.” See also Territory v. Marks, 25 Haw. 219 ; Territory v. Martins, 28 Haw. 187 ; Territory v. Leong Kun, 29 Haw. 90 .	1	1934–1934
South Carolina v. Wesley green scotus · 1895 1 sentence 1904E. 1002,) it is stated that .“the instructions which were given are not copied in the record, nor is there anything in the bill of exceptions as to how long after the court had finished its charge to the jury this instruction was asked.” The court therefore declined to consider -whether there was error in the refusal to give the instruction presented, saying, “It does not affirmatively appear that it was presented under such circumstances as to demand consideration on the part of the court.” In South Carolina v. Wesley, 155 U. S. 542 , (39 L.	1	1904–1904

Where else courts name it

CA 73 (1893–2026) IL 48 (1898–2020) IN 37 (1891–2019) WV 35 (1948–2022) MO 25 (1901–2019) AR 24 (1909–2023) KS 24 (1889–2019) OK 16 (1921–2026) AZ 14 (1933–2025) WA 14 (1926–2025) FL 14 (1903–2010) HI 11 (1904–2015) OR 9 (1922–2020) NE 9 (1892–2023) MI 9 (1969–2018) ID 6 (1915–1985) KY 6 (1933–2025) NM 6 (1969–2023) OH 5 (1896–2016) IA 5 (1915–2022) DC 5 (1979–2020) TX 5 (1972–1993) GA 4 (1923–1991) NV 4 (1976–2018) NC 4 (1931–2019) WI 4 (1911–2014) MA 4 (1931–2000) WY 4 (1927–1995) MD 4 (1991–2019) MT 3 (1928–1978) NY 3 (1872–1902) ME 3 (1920–1981) VA 3 (1948–1992) LA 2 (1998–2000) CT 2 (1974–1992) AK 2 (1969–1974) TN 2 (1992–2009) UT 2 (1931–1987)

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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