necessary inquiry (Hawaii) · Go Syfert
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necessary inquiry in Hawaii

9 Hawaii opinions name it 2 courts 1983–2013 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.

Followed or applied (4)

CaseFollowedCited
Burbank Grease Services, LLC v. Sokolowskigreen
wis · 2006 · cited in 1 Hawaii opinions naming this issue, 2010–2010
2 sentences

2010Burbank Grease II, 717 N.W.2d at 799 (Bradley, J., dissenting); see also id. (quoting Wis. Stat. § 134.90 (7), which provides: “This section shall be applied and construed to make uniform the law relating to misappropriation of trade secrets among states enacting substantially identical laws.”).

2010Burbank Grease II, 717 N.W.2d at 799 (Bradley, J., dissenting); see also id. (quoting Wis. Stat. § 134.90 (7), which provides: “This section shall be applied and construed to make uniform the law relating to misappropriation of trade secrets among states enacting substantially identical laws.”).

11
Pub. Access Shoreline v. HAWAII CTY PLANNING COMMISSIONgreen
haw · 1995 · cited in 1 Hawaii opinions naming this issue, 2010–2010
2 sentences

2010PASH, 79 Hawai`i at 431, 903 P.2d at 1252 (indicating that "the necessary inquiry" was whether the appellant met the requirements of HRS § 91-14). 2.

2010PASH, 79 Hawai'i at 431 , 903 P.2d at 1252 (indicating that “the necessary inquiry” was whether the appellant met the requirements of HRS § 91-14). 2.

11
Pele Defense Fund v. Puna Geothermal Venturegreen
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 1995–1995
1 sentence

1995See generally Puna Geothermal, supra .

11
State v. Maluiagreen
haw · 1975 · cited in 1 Hawaii opinions naming this issue, 1983–1983
2 sentences

1983See also State v. Maluia, 56 Haw. 428 , 539 P.2d 1200 (1975); State v. Green, supra. In addition to the necessary waiver the court must also find that such a statement was voluntarily made.

1983See also State v. Maluia, 56 Haw. 428 , 539 P.2d 1200 (1975); State v. Green, supra. In addition to the necessary waiver the court must also find that such a statement was voluntarily made.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Oregon v. Bradshaw green
scotus · 1983
2 sentences

2013Oregon v. Bradshaw, 462 U.S. 1039, 1045-46 , 103 S.Ct. 2830, 2835 , 77 L.Ed.2d 405 (1983) (holding that defendant’s inquiry as to what was going to happen next “was not merely a necessary inquiry arising out of the incidents of the custodial relationship[,]” and instead, “evinced a willingness and a desire for a generalized discussion about the investigation”).

2013Oregon v. Bradshaw, 462 U.S. 1039, 1045-46 , 103 S.Ct. 2830, 2835 , 77 L.Ed.2d 405 (1983) (holding that defendant’s inquiry as to what was going to happen next “was not merely a necessary inquiry arising out of the incidents of the custodial relationship[,]” and instead, “evinced a willingness and a desire for a generalized discussion about the investigation”).

12013–2013
Public Access Shoreline Hawaii ex rel. Rothstein v. Hawai'i County Planning Commission ex rel. Fujimoto green
haw · 1995
1 sentence

2010PASH, 79 Hawai'i at 431 , 903 P.2d at 1252 (indicating that “the necessary inquiry” was whether the appellant met the requirements of HRS § 91-14). 2.

12010–2010
State v. Kane green
haw · 1971
2 sentences

1996We also conclude that the trial court improperly denied Defendant’s request for substitution of his counsel and defense counsel’s motions to withdraw, since the court failed to conduct the “penetrating and comprehensive examination” of Defendant required by State v. Kane, 52 Haw. 484 , 479 P.2d 207 (1971).

1996We also conclude that the trial court improperly denied Defendant’s request for substitution of his counsel and defense counsel’s motions to withdraw, since the court failed to conduct the “penetrating and comprehensive examination” of Defendant required by State v. Kane, 52 Haw. 484 , 479 P.2d 207 (1971).

11996–1996
State v. Fisher green
utah · 1984
1 sentence

1996State v. Fisher, 680 P.2d 35 (Utah 1984), provides a useful framework for the necessary inquiry.

11996–1996
State v. Boehmer green
hawapp · 1980
2 sentences

1995Because “the inherent margin of error could put [a defendant’s] actual blood alcohol level below the level necessary for the presumption to arise[,]” it was held that the “prosecution [failed] to establish beyond a reasonable doubt that the actual weight of alcohol in defendant’s blood was at least 0.10%.” Id. at 47 , 613 P.2d at 918 .

1995Because “the inherent margin of error could put [a defendant’s] actual blood alcohol level below the level necessary for the presumption to arise[,]” it was held that the “prosecution [failed] to establish beyond a reasonable doubt that the actual weight of alcohol in defendant’s blood was at least 0.10%.” Id. at 47 , 613 P.2d at 918 .

11995–1995
State v. Kreps green
hawapp · 1983
2 sentences

1994State v. Kreps, 4 Haw.App. at 77 , 661 P.2d at 715 .

1994State v. Kreps, 4 Haw.App. at 77 , 661 P.2d at 715 .

11994–1994
State v. Pahio green
haw · 1977
2 sentences

1983State v. Pahio, 58 Haw. 323 , 568 P.2d 1200 (1977); State v. Green, supra; State v. Kalani, supra; State v. Liuafi, supra. In doing so, the trial court must weigh the evidence and the credibility of the witnesses.

1983State v. Pahio, 58 Haw. 323 , 568 P.2d 1200 (1977); State v. Green, supra; State v. Kalani, supra; State v. Liuafi, supra. In doing so, the trial court must weigh the evidence and the credibility of the witnesses.

11983–1983

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 707-711 (3)

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.

Where else courts name it

CA 135 (1894–2026) PA 106 (1893–2026) OH 99 (1982–2026) IL 99 (1909–2025) NY 98 (1857–2026) TX 98 (1874–2025) NC 60 (1884–2026) FL 53 (1881–2026) WA 48 (1902–2026) MI 41 (1883–2023) AR 40 (1948–2026) CT 35 (1938–2022) TN 31 (1905–2025) MD 31 (1923–2023) WV 30 (1912–2026) MO 29 (1906–2025) NJ 26 (1952–2022) DC 26 (1976–2021) AZ 25 (1928–2021) OR 25 (1973–2025) UT 24 (1938–2026) AL 23 (1912–2025) MN 22 (1909–2024) GA 21 (1881–2026) KS 21 (1902–2025) IN 20 (1868–2023) LA 20 (1933–2024) MS 19 (1933–2005) KY 18 (1899–2026) IA 18 (1913–2026) VA 16 (1891–2024) ND 16 (1976–2017) NM 16 (1963–2024) WI 15 (1980–2026) CO 15 (1939–2019) ID 13 (1911–2020) MA 12 (1976–2025) NE 11 (1930–2025) OK 11 (1915–1997) SD 10 (1913–2019) HI 9 (1983–2013) RI 8 (1967–2025) NV 8 (1926–2019) AK 8 (1981–2024) SC 8 (1907–2016) ME 7 (1978–2022) DE 6 (1954–2025) MT 5 (1990–2016) VT 5 (1981–2025) WY 4 (1923–1992) VI 2 (2011–2017)

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.

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