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.
| Case | Followed | Cited |
|---|---|---|
State v. Hussein.green2 sentences2011See 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). | 2 | 2 |
State v. Laugreen2 sentences2011See 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). | 2 | 2 |
State v. Hegglandgreen2 sentences2011See 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). | 2 | 2 |
Jenkins v. Cades Schutte Fleming & Wrightgreen2 sentences2022Hawaii 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. | 1 | 6 |
Price v. Obayashi Hawaii Corp.green1 sentence2022Hawaii 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). | 1 | 1 |
Tax Appeal of Rhoads v. Okamuragreen1 sentence2005Id. at 410-11, 49 P.3d at 376-77 (emphasis omitted). | 1 | 1 |
Oppenheimer v. AIG Hawai'i Insurance Co.green2 sentences1999Co., 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
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.