document requirement (Hawaii) · Go Syfert
← Hawaii issues

document requirement in Hawaii

9 Hawaii opinions name it 2 courts 1996–2022 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.

Followed or applied (7)

CaseFollowedCited
State v. Hussein.green
haw · 2010 · cited in 2 Hawaii opinions naming this issue, 2011–2011
2 sentences

2011See State v. Hussein, 122 Hawai'i 495, 532 , 229 P.3d 313, 350 (2010) (noting that a court is presumed to have read a pre-sentence report); see also State v. Heggland, 118 Hawai'i 425, 443 , 193 P.3d 341, 359 (2008) (noting that the report is meant to aid the court in the exercise of its discretionary sentencing authority); Lau, 73 Haw. at 263 , 831 P.2d at 525 (presuming that the sentencing court complied with the statutory requirement of according due consideration to the pre-sentence report when it had the document at the hearing).

2011See State v. Hussein, 122 Hawai'i 495, 532 , 229 P.3d 313, 350 (2010) (noting that a court is presumed to have read a pre-sentence report); see also State v. Heggland, 118 Hawai'i 425, 443 , 193 P.3d 341, 359 (2008) (noting that the report is meant to aid the court in the exercise of its discretionary sentencing authority); Lau, 73 Haw. at 263 , 831 P.2d at 525 (presuming that the sentencing court complied with the statutory requirement of according due consideration to the pre-sentence report when it had the document at the hearing).

22
State v. Laugreen
haw · 1992 · cited in 2 Hawaii opinions naming this issue, 2011–2011
2 sentences

2011See State v. Hussein, 122 Hawai'i 495, 532 , 229 P.3d 313, 350 (2010) (noting that a court is presumed to have read a pre-sentence report); see also State v. Heggland, 118 Hawai'i 425, 443 , 193 P.3d 341, 359 (2008) (noting that the report is meant to aid the court in the exercise of its discretionary sentencing authority); Lau, 73 Haw. at 263 , 831 P.2d at 525 (presuming that the sentencing court complied with the statutory requirement of according due consideration to the pre-sentence report when it had the document at the hearing).

2011See State v. Hussein, 122 Hawai'i 495, 532 , 229 P.3d 313, 350 (2010) (noting that a court is presumed to have read a pre-sentence report); see also State v. Heggland, 118 Hawai'i 425, 443 , 193 P.3d 341, 359 (2008) (noting that the report is meant to aid the court in the exercise of its discretionary sentencing authority); Lau, 73 Haw. at 263 , 831 P.2d at 525 (presuming that the sentencing court complied with the statutory requirement of according due consideration to the pre-sentence report when it had the document at the hearing).

22
State v. Hegglandgreen
haw · 2008 · cited in 2 Hawaii opinions naming this issue, 2011–2011
2 sentences

2011See State v. Hussein, 122 Hawai'i 495, 532 , 229 P.3d 313, 350 (2010) (noting that a court is presumed to have read a pre-sentence report); see also State v. Heggland, 118 Hawai'i 425, 443 , 193 P.3d 341, 359 (2008) (noting that the report is meant to aid the court in the exercise of its discretionary sentencing authority); Lau, 73 Haw. at 263 , 831 P.2d at 525 (presuming that the sentencing court complied with the statutory requirement of according due consideration to the pre-sentence report when it had the document at the hearing).

2011See State v. Hussein, 122 Hawai'i 495, 532 , 229 P.3d 313, 350 (2010) (noting that a court is presumed to have read a pre-sentence report); see also State v. Heggland, 118 Hawai'i 425, 443 , 193 P.3d 341, 359 (2008) (noting that the report is meant to aid the court in the exercise of its discretionary sentencing authority); Lau, 73 Haw. at 263 , 831 P.2d at 525 (presuming that the sentencing court complied with the statutory requirement of according due consideration to the pre-sentence report when it had the document at the hearing).

22
Jenkins v. Cades Schutte Fleming & Wrightgreen
haw · 1994 · cited in 6 Hawaii opinions naming this issue, 1996–2022
2 sentences

2022Hawaii Revised Statutes § 641-1(a) (2016); Hawai i Rules of Civil Procedure Rule 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334 , 1338 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (1994); Price v. Obayashi Hawaii Corp., 81 Hawai i 171, 176, 914 P.2d 1364, 1369 (1996) (applying the separate document rule to an order dismissing a complaint for want of prosecution).

2010The supreme court does not apply the separate document rule (see Jenkins v. Cades Schutte Fleming & Wright, 76 HawaiYi 115, 869 P.2d 1334 (1994)} to special proceedings for motions for post-conviction relief pursuant to HRPP Rule 40.

16
Price v. Obayashi Hawaii Corp.green
haw · 1996 · cited in 1 Hawaii opinions naming this issue, 2022–2022
1 sentence

2022Hawaii Revised Statutes § 641-1(a) (2016); Hawai i Rules of Civil Procedure Rule 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334 , 1338 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (1994); Price v. Obayashi Hawaii Corp., 81 Hawai i 171, 176, 914 P.2d 1364, 1369 (1996) (applying the separate document rule to an order dismissing a complaint for want of prosecution).

11
Tax Appeal of Rhoads v. Okamuragreen
haw · 2002 · cited in 1 Hawaii opinions naming this issue, 2005–2005
1 sentence

2005Id. at 410-11, 49 P.3d at 376-77 (emphasis omitted).

11
Oppenheimer v. AIG Hawai'i Insurance Co.green
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 1999–1999
2 sentences

1999Co., 77 Hawai'i 88, 91 , 881 P.2d 1234, 1237 (1994), we held that, “by virtue of HRS § 658-12, an order confirming an arbitration award is a final judgment from which an appeal may be taken.” Furthermore, “in the context of the Arbitration and Award statute where direct appeals are specifically conferred by the statute ... the separate document requirement prescribed in Jenkins [v. Cades Schutte, 76 Hawai'i 115 , 869 P.2d 1334 (1994) ] does not apply." Id. at 93, 881 P.2d at 1239 (emphasis added).

1999Co., 77 Hawai'i 88, 91 , 881 P.2d 1234, 1237 (1994), we held that, “by virtue of HRS § 658-12, an order confirming an arbitration award is a final judgment from which an appeal may be taken.” Furthermore, “in the context of the Arbitration and Award statute where direct appeals are specifically conferred by the statute ... the separate document requirement prescribed in Jenkins [v. Cades Schutte, 76 Hawai'i 115 , 869 P.2d 1334 (1994) ] does not apply." Id. at 93, 881 P.2d at 1239 (emphasis added).

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

CA 24 (1955–2025) TX 20 (1974–2022) MD 19 (2000–2021) NY 13 (1966–2020) HI 9 (1996–2022) MI 9 (2007–2024) IL 9 (1988–2020) FL 7 (1990–2021) DC 6 (1997–2017) ID 5 (2006–2023) IA 5 (1988–2021) LA 5 (1952–2016) NE 5 (1986–2024) UT 4 (2000–2025) NJ 4 (1959–2019) MA 4 (1937–2026) AZ 3 (1993–2007) OH 3 (2003–2024) AK 3 (1979–2017) AL 3 (1920–1982) GA 3 (1981–1986) PA 3 (1993–2024) CT 2 (1966–1992) WA 2 (1994–2010) VA 2 (2009–2015) SD 2 (2006–2020) MO 2 (1902–1984) VT 2 (2012–2012) MN 2 (1975–2005) WV 2 (2004–2008) TN 2 (1996–2013) MS 2 (2003–2005)

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.

← Caselaw search · G Cite Topics · Brief Check