10 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.
| Case | Followed | Cited |
|---|---|---|
UNITED STATES of America, Plaintiff-Appellee, v. Sergio DUARTE-HIGAREDA, Defendant-Appellantgreen2 sentences2005Defendant avers that the jury waiver colloquy the circuit court conducted with him was inadequate, when viewed in light of the model colloquy described in State v. Friedman, 93 Hawai'i 63, 69 , 996 P.2d 268, 274 (2000): The Ninth Circuit noted that, to ensure a voluntary waiver, the district court should have directly informed the defendant that “(1) twelve members of the community compose a jury, (2) the defendant may take part in jury selection, (3) a jury verdict must be unanimous, and (4) the court alone decides guilt or innocence if the defendant waives a jury trial.” [United States v. Du 2004Barros refers to the tetradic colloquy Friedman urged upon the supreme court as mandatory: The Ninth Circuit noted that, to ensure a voluntary waiver, the district court should have directly informed the defendant that “(1) twelve members of the community compose a jury, (2) the defendant may take part in jury selection, (3) a jury verdict must be unanimous, and (4) the court alone decides guilt or innocence if the defendant waives a jury trial.” [United States v. Duarte-Higareda, 113 F.3d 1000, 1002 (9th Cir.1997) ] (citing Cochran, 770 F.2d at 853 ). | 3 | 4 |
State ex rel. Hinkley v. Martlandgreen2 sentences1911See State v. Martland, 71 Ia. 543 .” J. lAghtfoot for plaintiff, ill. 1904See State v. Martland, 71 Ia. 543 . | 2 | 2 |
State v. Friedmangreen2 sentences2013To “ensure a voluntary waiver” of the defendant’s right to a jury trial, the trial court should, in open court, directly inform the defendant that “(1) twelve members of the community compose a jury, (2) the defendant may take part in jury selection, (3) a jury verdict must be unanimous, and (4) the court alone decides guilt or innocence if the defendant waives a jury trial.” Id. (internal quotation marks omitted). 2013To “ensure a voluntary waiver” of the defendant’s right to a jury trial, the trial court should, in open court, directly inform the defendant that “(1) twelve members of the community compose a jury, (2) the defendant may take part in jury selection, (3) a jury verdict must be unanimous, and (4) the court alone decides guilt or innocence if the defendant waives a jury trial.” Id. (internal quotation marks omitted). | 1 | 5 |
United States v. David Cochrangreen2 sentences2005Defendant avers that the jury waiver colloquy the circuit court conducted with him was inadequate, when viewed in light of the model colloquy described in State v. Friedman, 93 Hawai'i 63, 69 , 996 P.2d 268, 274 (2000): The Ninth Circuit noted that, to ensure a voluntary waiver, the district court should have directly informed the defendant that “(1) twelve members of the community compose a jury, (2) the defendant may take part in jury selection, (3) a jury verdict must be unanimous, and (4) the court alone decides guilt or innocence if the defendant waives a jury trial.” [United States v. Du 2004Barros refers to the tetradic colloquy Friedman urged upon the supreme court as mandatory: The Ninth Circuit noted that, to ensure a voluntary waiver, the district court should have directly informed the defendant that “(1) twelve members of the community compose a jury, (2) the defendant may take part in jury selection, (3) a jury verdict must be unanimous, and (4) the court alone decides guilt or innocence if the defendant waives a jury trial.” [United States v. Duarte-Higareda, 113 F.3d 1000, 1002 (9th Cir.1997) ] (citing Cochran, 770 F.2d at 853 ). | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Ganal
green
2 sentences2015The ICA’s analysis was in error The protections guaranteed in article I, section 7 of the Hawai'i Constitution “against unreasonable searches and seizures and invasions of privacy” are preserved by the fundamental principle in our law that warrantless searches are unreasonable per se, absent “a few specifically established and well-delineated exceptions.” Garni, 81 Hawaii at 368 , 917 P.2d at 380 . 2015The ICA’s analysis was in error The protections guaranteed in article I, section 7 of the Hawai'i Constitution “against unreasonable searches and seizures and invasions of privacy” are preserved by the fundamental principle in our law that warrantless searches are unreasonable per se, absent “a few specifically established and well-delineated exceptions.” Garni, 81 Hawaii at 368 , 917 P.2d at 380 . | 1 | 2015–2015 |
Kl Group v. Case
green
1 sentence2003Other courts have stated that only the client can waive the privilege, and thus inadvertent disclosures by an attorney or a representative cannot amount to a voluntary waiver. 41 KL Group v. Case, Kay & Lynch, 829 F.2d 909 (9th Cir.1987) is illustrative, insofar as the Ninth Circuit applied HRE Rule 511 in a diversity case involving a Hawaii party. | 1 | 2003–2003 |
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.