9 Hawaii opinions name it 2 courts 1973–2024 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 |
|---|---|---|
Blockburger v. United Statesgreen2 sentences1997See Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180, 182 , 76 L.Ed. 306 (1932) ("the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not”). 1997See Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180, 182 , 76 L.Ed. 306 (1932) ("the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not”). | 2 | 2 |
State v. Moylettgreen1 sentence2024See State v. Kono, 152 A.3d 1 , 29 n.29 (Conn. 2016) (“If we address the state constitutional claim first and decide it in favor of the defendant, there is no reason to address the federal constitutional claim; for purposes of that case, the defendant is entitled to prevail under the state constitution, and it 12 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** simply does not matter which way the claim would have been decided under the federal constitution.”); State v. Moylett, 836 P.2d 1329, 1332 (Or. 1992) (“if no state law, including the state constitution, resolves t | 1 | 1 |
State v. Konogreen1 sentence2024See State v. Kono, 152 A.3d 1 , 29 n.29 (Conn. 2016) (“If we address the state constitutional claim first and decide it in favor of the defendant, there is no reason to address the federal constitutional claim; for purposes of that case, the defendant is entitled to prevail under the state constitution, and it 12 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** simply does not matter which way the claim would have been decided under the federal constitution.”); State v. Moylett, 836 P.2d 1329, 1332 (Or. 1992) (“if no state law, including the state constitution, resolves t | 1 | 1 |
State v. Bonnellgreen2 sentences2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of 2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of | 1 | 1 |
State v. Detroygreen2 sentences2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of 2007See, e.g., State v. Cuntapay, 104 Hawai'i 109, 110 , 85 P.3d 634, 635 (2004) (holding that “under Article I, section 7 of the Hawaii Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host’s home” (footnote omitted)); State v. Detroy, 102 Hawai'i 13, 20-22 , 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant’s federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant’s apartment violated article I, section 7 o | 1 | 1 |
United States v. David Taketa and Thomas O'Briengreen2 sentences2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of 2007See, e.g., State v. Cuntapay, 104 Hawai'i 109, 110 , 85 P.3d 634, 635 (2004) (holding that “under Article I, section 7 of the Hawaii Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host’s home” (footnote omitted)); State v. Detroy, 102 Hawai'i 13, 20-22 , 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant’s federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant’s apartment violated article I, section 7 o | 1 | 1 |
State v. Kamgreen2 sentences2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of 2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of | 1 | 1 |
State v. Lopezgreen2 sentences2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of 2007See, e.g., State v. Cuntapay, 104 Hawai'i 109, 110 , 85 P.3d 634, 635 (2004) (holding that “under Article I, section 7 of the Hawaii Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host’s home” (footnote omitted)); State v. Detroy, 102 Hawai'i 13, 20-22 , 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant’s federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant’s apartment violated article I, section 7 o | 1 | 1 |
State v. Cuntapaygreen2 sentences2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of 2007See, e.g., State v. Cuntapay, 104 Hawai'i 109, 110 , 85 P.3d 634, 635 (2004) (holding that “under Article I, section 7 of the Hawaii Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host’s home” (footnote omitted)); State v. Detroy, 102 Hawai'i 13, 20-22 , 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant’s federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant’s apartment violated article I, section 7 o | 1 | 1 |
Burleson v. Stategreen1 sentence1994See Burleson v. State, 552 So.2d 186 (Ala.Crim.App.1989); State v. Joseph, 92 N.C.App. 203 , 374 S.E.2d 132 (1988), cert. denied, 324 N.C. 115 , 377 S.E.2d 241 (1989); State v. Miller, 289 S.C. 426 , 346 S.E.2d 705 (1986). | 1 | 1 |
Oyler v. Bolesgreen1 sentence1987Oyler v. Boles, 368 U.S. at 456 (“the conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chapman v. California
red
2 sentences1995Chapman held that other federal constitutional errors may be held harmless, but "before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Chapman, 386 U.S. at 24 , 87 S.Ct. at 828 . 1995Chapman held that other federal constitutional errors may be held harmless, but "before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Chapman, 386 U.S. at 24 , 87 S.Ct. at 828 . | 2 | 1995–2005 |
Lawrence v. Texas
green
2 sentences2007Indeed, article I, section 6 does not abide the criminalization of wholly private, consensual sexual activity between adults without the state's having demonstrated a compelling interest by way of "injury to a person or abuse of an institution the law protects," id., 539 U.S. at 568 , 123 S.Ct. 2472 . 2007Indeed, article I, section 6 does not abide the criminalization of wholly private, consensual sexual activity between adults without the state's having demonstrated a compelling interest by way of "injury to a person or abuse of an institution the law protects," id., 539 U.S. at 568 , 123 S.Ct. 2472 . | 1 | 2007–2007 |
Kyllo v. United States
green
2 sentences2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of 2007See, e.g., State v. Cuntapay, 104 Hawai`i 109, 110, 85 P.3d 634, 635 (2004) (holding that "under Article I, section 7 of the Hawai`i Constitution, a guest of a homedweller is entitled to a right of privacy while in his or her host's home" (footnote omitted)); State v. Detroy, 102 Hawai`i 13, 20-22, 72 P.3d 485, 492-94 (2003) (holding that Kyllo, 533 U.S. 27 , 121 S.Ct. 2038 , was dispositive of the defendant's federal constitutional claim and, additionally, that the use of a thermal imager to measure heat emanating from the interior of the defendant's apartment violated article I, section 7 of | 1 | 2007–2007 |
United States v. Nachtigal
green
2 sentences2001As noted in Blanton , it is a rare case where “a legislature packs an offense it deems ‘serious’ with onerous penalties that nonetheless do not puncture the 6 month incarceration line.” Nachtigal, 507 U.S. at 5 , 113 S.Ct. 1072 (citing Blanton, 489 U.S. at 543 , 109 S.Ct. 1289 ). 2001As noted in Blanton , it is a rare case where “a legislature packs an offense it deems ‘serious’ with onerous penalties that nonetheless do not puncture the 6 month incarceration line.” Nachtigal, 507 U.S. at 5 , 113 S.Ct. 1072 (citing Blanton, 489 U.S. at 543 , 109 S.Ct. 1289 ). | 1 | 2001–2001 |
Blanton v. City of North Las Vegas
green
2 sentences2001As noted in Blanton , it is a rare case where “a legislature packs an offense it deems ‘serious’ with onerous penalties that nonetheless do not puncture the 6 month incarceration line.” Nachtigal, 507 U.S. at 5 , 113 S.Ct. 1072 (citing Blanton, 489 U.S. at 543 , 109 S.Ct. 1289 ). 2001As noted in Blanton , it is a rare case where “a legislature packs an offense it deems ‘serious’ with onerous penalties that nonetheless do not puncture the 6 month incarceration line.” Nachtigal, 507 U.S. at 5 , 113 S.Ct. 1072 (citing Blanton, 489 U.S. at 543 , 109 S.Ct. 1289 ). | 1 | 2001–2001 |
State v. Joseph
neutral
2 sentences1994See Burleson v. State, 552 So.2d 186 (Ala.Crim.App.1989); State v. Joseph, 92 N.C.App. 203 , 374 S.E.2d 132 (1988), cert. denied, 324 N.C. 115 , 377 S.E.2d 241 (1989); State v. Miller, 289 S.C. 426 , 346 S.E.2d 705 (1986). 1994See Burleson v. State, 552 So.2d 186 (Ala.Crim.App.1989); State v. Joseph, 92 N.C.App. 203 , 374 S.E.2d 132 (1988), cert. denied, 324 N.C. 115 , 377 S.E.2d 241 (1989); State v. Miller, 289 S.C. 426 , 346 S.E.2d 705 (1986). | 1 | 1994–1994 |
State v. Joseph
green
2 sentences1994See Burleson v. State, 552 So.2d 186 (Ala.Crim.App.1989); State v. Joseph, 92 N.C.App. 203 , 374 S.E.2d 132 (1988), cert. denied, 324 N.C. 115 , 377 S.E.2d 241 (1989); State v. Miller, 289 S.C. 426 , 346 S.E.2d 705 (1986). 1994See Burleson v. State, 552 So.2d 186 (Ala.Crim.App.1989); State v. Joseph, 92 N.C.App. 203 , 374 S.E.2d 132 (1988), cert. denied, 324 N.C. 115 , 377 S.E.2d 241 (1989); State v. Miller, 289 S.C. 426 , 346 S.E.2d 705 (1986). | 1 | 1994–1994 |
State v. Miller
green
2 sentences1994See Burleson v. State, 552 So.2d 186 (Ala.Crim.App.1989); State v. Joseph, 92 N.C.App. 203 , 374 S.E.2d 132 (1988), cert. denied, 324 N.C. 115 , 377 S.E.2d 241 (1989); State v. Miller, 289 S.C. 426 , 346 S.E.2d 705 (1986). 1994See Burleson v. State, 552 So.2d 186 (Ala.Crim.App.1989); State v. Joseph, 92 N.C.App. 203 , 374 S.E.2d 132 (1988), cert. denied, 324 N.C. 115 , 377 S.E.2d 241 (1989); State v. Miller, 289 S.C. 426 , 346 S.E.2d 705 (1986). | 1 | 1994–1994 |
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.