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9 Hawaii opinions name it 2 courts 2006–2023 2 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. Jendruschgreen2 sentences2022Terr. 1945) (holding that, while a prosecutor's concession of error is "entitled to great weight," before a conviction is reversed, "it is incumbent upon the appellate court to ascertain first that the confession of error is supported by the record and well- founded in law and to determine that such error is properly preserved and prejudicial"). "[A]n oral charge or complaint must sufficiently allege all of the essential elements of the offense." State v. 2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Sprattling, 99 Hawai‘i 312, 318, 55 P.3d 276, 282 (2002) (internal quot 2022Terr. 1945) (holding that, while a prosecutor's concession of error is "entitled to great weight," before a conviction is reversed, "it is incumbent upon the appellate court to ascertain first that the confession of error is supported by the record and well- founded in law and to determine that such error is properly preserved and prejudicial"). "[A]n oral charge or complaint must sufficiently allege all of the essential elements of the offense." State v. 2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Sprattling, 99 Hawai‘i 312, 318, 55 P.3d 276, 282 (2002) (internal quot | 2 | 2 |
HawaiiUSA Federal Credit Union v. Monalim.green1 sentence2023Should BOH move for entry of a deficiency judgment, the Mostoufis could then "request a determination of the fair market value of the real estate as of the date of the foreclosure sale." Monalim, 147 Hawai#i at 49, 464 P.3d at 837 (cleaned up).4 Accordingly, we conclude that the Mostoufis' first point of error is premature. | 1 | 1 |
Territory of Hawaii v. Kogamigreen1 sentence2022NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the issues raised and the arguments advanced, we resolve the points of error as discussed below. (1) In the first point of error, Beck contends that the State "failed to provide [him] with adequate notice of the elements and essential facts of the offense of Criminal Trespass [i]n [t]he Second Degree because the Complaint and oral charge failed to provide the meaning of 'reasonable warning or request' as that phrase i | 1 | 1 |
State v. Sprattlinggreen1 sentence2022Terr. 1945) (holding that, while a prosecutor's concession of error is "entitled to great weight," before a conviction is reversed, "it is incumbent upon the appellate court to ascertain first that the confession of error is supported by the record and well- founded in law and to determine that such error is properly preserved and prejudicial"). "[A]n oral charge or complaint must sufficiently allege all of the essential elements of the offense." State v. 2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Sprattling, 99 Hawai‘i 312, 318, 55 P.3d 276, 282 (2002) (internal quot | 1 | 1 |
Hussey v. Husseygreen2 sentences2017Hawaii law requires only that, if all valid and relevant considerations are equal, Category 3 NMVs are repaid to the contributing spouse.” (Quoting Hussey v. Hussey, 77 Hawai'i 202, 207 , 881 P.2d 1270, 1275 (App. 1994), overruled on other grounds by State v. Gonsales, 91 Hawai'i 446 , 984 P.2d 1272 (App. 1999) (emphasis added)). 2017Hawaii law requires only that, if all valid and relevant considerations are equal, Category 3 NMVs are repaid to the contributing spouse.” (Quoting Hussey v. Hussey, 77 Hawai'i 202, 207 , 881 P.2d 1270, 1275 (App. 1994), overruled on other grounds by State v. Gonsales, 91 Hawai'i 446 , 984 P.2d 1272 (App. 1999) (emphasis added)). | 1 | 1 |
Tax Appeal of Hawaii Prince Hotel Waikiki Corp. v. City & County of Honolulugreen2 sentences2014Citing Hawai’i Prince Hotel v. City and County of Honolulu, 89 Hawai'i 381, 383 , 974 P.2d 21, 23 (1999), Pila'a 400 contended that “the methodology for imposing fines and penalties must be clearly established by rule, otherwise the public is unaware of factors critical to the agency’s penalty process.” Further, Pila'a 400 reasoned that “[a] penalty imposed in the absence of Chapter 91 rule-making is invalid as arbitrary and capricious.” In response, the DLNR contended that the plain language of HRS § 183C-7(b) authorizes the BLNR to regulate the use of conservation district land and to impose 2014Citing Hawai’i Prince Hotel v. City and County of Honolulu, 89 Hawai'i 381, 383 , 974 P.2d 21, 23 (1999), Pila'a 400 contended that “the methodology for imposing fines and penalties must be clearly established by rule, otherwise the public is unaware of factors critical to the agency’s penalty process.” Further, Pila'a 400 reasoned that “[a] penalty imposed in the absence of Chapter 91 rule-making is invalid as arbitrary and capricious.” In response, the DLNR contended that the plain language of HRS § 183C-7(b) authorizes the BLNR to regulate the use of conservation district land and to impose | 1 | 1 |
State v. Elliottgreen2 sentences2012(Citing State v. Jendrusch, 58 Haw. 279, 281 , 567 P.2d 1242, 1244 (1977).) Defendant also argues that “the State’s failure to allege the state of mind amounts to a failure to state an offense, and a conviction based upon it cannot be sustained, for that would constitute a denial of due process.” (Quoting State v. Elliott, 77 Hawai'i 309, 311 , 884 P.2d 372, 374 (1994).) (Punctuation omitted.) B. 1. 2012(Citing State v. Jendrusch, 58 Haw. 279, 281 , 567 P.2d 1242, 1244 (1977).) Defendant also argues that “the State’s failure to allege the state of mind amounts to a failure to state an offense, and a conviction based upon it cannot be sustained, for that would constitute a denial of due process.” (Quoting State v. Elliott, 77 Hawai'i 309, 311 , 884 P.2d 372, 374 (1994).) (Punctuation omitted.) B. 1. | 1 | 1 |
International Brotherhood of Painters & Allied Trades, Drywall Tapers, Finishers & Allied Workers Local Union 1944 v. Befitelgreen2 sentences2006Id. at 280-81 , 88 P.3d at 652-53 (stating that the appellants’ first point of error that “the circuit court erred in concluding that it had subject matter jurisdiction pursuant to HRS chapter 91 when the agency did not hold a contested case hearing and where none was required” was dispositive). 2006Id. at 280-81 , 88 P.3d at 652-53 (stating that the appellants’ first point of error that “the circuit court erred in concluding that it had subject matter jurisdiction pursuant to HRS chapter 91 when the agency did not hold a contested case hearing and where none was required” was dispositive). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Amantiad v. Odum
green
1 sentence2020A judgment rendered by a circuit court without subject matter jurisdiction is void.” Amantiad, 90 Hawaiʻi at 159, 977 P.2d at 167 . 26 ** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER ** This first point of error concerning the circuit court’s subject matter jurisdiction is dispositive of the entire interlocutory appeal. | 1 | 2020–2020 |
Kinkaid v. Board of Review of the City and County of Honolulu
green
1 sentence2020The County supports its position by citing to the tax appeal provisions in HRS chapter 232 and MCC chapter 3.48, as well as Kinkaid v. Bd. of Rev., 106 Hawaiʻi 318, 104 P.3d 905 (2004).12 The County argues that there is no “identifiable constitutional provision, statute, or code provision pursuant to which the [c]ircuit [c]ourt could have asserted general subject matter jurisdiction over an area of law specifically carved out by statute and recognized by this Court as the exclusive jurisdiction of the [TAC]. . . .” The County therefore asks us to void the circuit court’s final judgment; as wel | 1 | 2020–2020 |
State v. Choy Foo
green
2 sentences2018The ICA characterized the first point of error as: "[W]hether the twenty-one day delay between March 15, 2012, and April 5, 2012, during which Choy Foo was referred to the Public Defender's Office to seek appointed counsel, constituted excludable delay under HRPP Rule 48." Choy Foo , 139 Hawai'i at 342 , 389 P.3d at 937 . 2018The ICA characterized the first point of error as: "[W]hether the twenty-one day delay between March 15, 2012, and April 5, 2012, during which Choy Foo was referred to the Public Defender's Office to seek appointed counsel, constituted excludable delay under HRPP Rule 48." Choy Foo , 139 Hawai'i at 342 , 389 P.3d at 937 . | 1 | 2018–2018 |
State v. Gonsales
green
2 sentences2017Hawaii law requires only that, if all valid and relevant considerations are equal, Category 3 NMVs are repaid to the contributing spouse.” (Quoting Hussey v. Hussey, 77 Hawai'i 202, 207 , 881 P.2d 1270, 1275 (App. 1994), overruled on other grounds by State v. Gonsales, 91 Hawai'i 446 , 984 P.2d 1272 (App. 1999) (emphasis added)). 2017Hawaii law requires only that, if all valid and relevant considerations are equal, Category 3 NMVs are repaid to the contributing spouse.” (Quoting Hussey v. Hussey, 77 Hawai'i 202, 207 , 881 P.2d 1270, 1275 (App. 1994), overruled on other grounds by State v. Gonsales, 91 Hawai'i 446 , 984 P.2d 1272 (App. 1999) (emphasis added)). | 1 | 2017–2017 |
State v. Kekona
green
2 sentences2012In relation to his first contention, Defendant argues (1) that Detective was required by (a) State v. Kekona, 77 Hawai'i 403 , 886 P.2d 740 (1994), and (b) HPD policy, to record the encounter with Defendant on October 27, 2007 through which he allegedly obtained an unrecorded waiver of Defendant’s constitutional rights, and (2) that as a matter of public policy, any statements obtained after an unrecorded waiver should be per se inadmissible where recording was feasible. 2012In relation to his first contention, Defendant argues (1) that Detective was required by (a) State v. Kekona, 77 Hawai'i 403 , 886 P.2d 740 (1994), and (b) HPD policy, to record the encounter with Defendant on October 27, 2007 through which he allegedly obtained an unrecorded waiver of Defendant’s constitutional rights, and (2) that as a matter of public policy, any statements obtained after an unrecorded waiver should be per se inadmissible where recording was feasible. | 1 | 2012–2012 |
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.