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7 Hawaii opinions name it 2 courts 1941–2010 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.
| Case | Followed | Cited |
|---|---|---|
Territory v. Kobayashigreen2 sentences2003See, e.g., Territory v. Kobayashi, 25 Haw. 762, 766 (1921) (“We necessarily approach a case with the assumption that no error has been committed upon the tidal and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affir-mance.”). 1978We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.” Ala Moana Boat Owners v. State, 50 Haw. 156, 158 , 434 P.2d 516, 518 (1967) citing Territory v. Kobayashi, 25 Haw. 762, 766 (1921); Kaehu v. Namealoha, 20 Haw. 350 (1911); Kalamakee v. Wharton, 19 Haw. 472 (1909); Pioneer Mill Co. v. Hart, 18 Haw. 674 (1905); Keliiilihune v. Vierra, 13 Haw. 28 (1900). | 2 | 4 |
Ala Moana Boat Owners' Ass'n v. Stategreen2 sentences1979We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.’ ” Ala Moana Boat Owners v. State, 50 Haw. 156 at 158 , 434 P.2d 516 at 518 (1967). 1979We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.’ ” Ala Moana Boat Owners v. State, 50 Haw. 156 at 158 , 434 P.2d 516 at 518 (1967). | 2 | 2 |
Au-Hoy v. Au-Hoygreen2 sentences2010However, "[t]rial judges are presumed to know the law and to apply it in making their decisions." Walton v. Arizona, 497 U.S. 639, 653 (1990), overruled on other grounds by Ring v. Arizona, 536 U.S. 584 (2002); see Au-Hoy v. Au-HoV, 60 Haw. 354, 358 , 590 P.2d 80, 83 (1979) (stating that appellate courts "necessarily approach a case with the assumption that no error has been committed upon the trial . . . until this assumption has been overcome by a positive showing" (internal quotation marks and citation omitted)). 2010However, "[t]rial judges are presumed to know the law and to apply it in making their decisions." Walton v. Arizona, 497 U.S. 639, 653 (1990), overruled on other grounds by Ring v. Arizona, 536 U.S. 584 (2002); see Au-Hoy v. Au-HoV, 60 Haw. 354, 358 , 590 P.2d 80, 83 (1979) (stating that appellate courts "necessarily approach a case with the assumption that no error has been committed upon the trial . . . until this assumption has been overcome by a positive showing" (internal quotation marks and citation omitted)). | 1 | 1 |
Walton v. Arizonared1 sentence2010However, "[t]rial judges are presumed to know the law and to apply it in making their decisions." Walton v. Arizona, 497 U.S. 639, 653 (1990), overruled on other grounds by Ring v. Arizona, 536 U.S. 584 (2002); see Au-Hoy v. Au-HoV, 60 Haw. 354, 358 , 590 P.2d 80, 83 (1979) (stating that appellate courts "necessarily approach a case with the assumption that no error has been committed upon the trial . . . until this assumption has been overcome by a positive showing" (internal quotation marks and citation omitted)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pioneer Mill Co. v. Hart
neutral
2 sentences1978We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.” Ala Moana Boat Owners v. State, 50 Haw. 156, 158 , 434 P.2d 516, 518 (1967) citing Territory v. Kobayashi, 25 Haw. 762, 766 (1921); Kaehu v. Namealoha, 20 Haw. 350 (1911); Kalamakee v. Wharton, 19 Haw. 472 (1909); Pioneer Mill Co. v. Hart, 18 Haw. 674 (1905); Keliiilihune v. Vierra, 13 Haw. 28 (1900). 1967We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.” Territory v. Kobayashi, 25 Haw. 762, 766 ; Kaehu v. Namealoha, 20 Haw. 350; Kalamakee v. Wharton, 19 Haw. 472 ; Pioneer Mill *159 Co. v. Hart, 18 Haw. 674 ; Keliiilihune v. Vierra, 13 Haw. 28 ; see also 5 Am. | 2 | 1967–1978 |
Kalamakee ex rel. Keiki v. Wharton
green
2 sentences1978We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.” Ala Moana Boat Owners v. State, 50 Haw. 156, 158 , 434 P.2d 516, 518 (1967) citing Territory v. Kobayashi, 25 Haw. 762, 766 (1921); Kaehu v. Namealoha, 20 Haw. 350 (1911); Kalamakee v. Wharton, 19 Haw. 472 (1909); Pioneer Mill Co. v. Hart, 18 Haw. 674 (1905); Keliiilihune v. Vierra, 13 Haw. 28 (1900). 1967We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.” Territory v. Kobayashi, 25 Haw. 762, 766 ; Kaehu v. Namealoha, 20 Haw. 350; Kalamakee v. Wharton, 19 Haw. 472 ; Pioneer Mill *159 Co. v. Hart, 18 Haw. 674 ; Keliiilihune v. Vierra, 13 Haw. 28 ; see also 5 Am. | 2 | 1967–1978 |
Kaehu v. Namealoha
neutral
2 sentences1978We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.” Ala Moana Boat Owners v. State, 50 Haw. 156, 158 , 434 P.2d 516, 518 (1967) citing Territory v. Kobayashi, 25 Haw. 762, 766 (1921); Kaehu v. Namealoha, 20 Haw. 350 (1911); Kalamakee v. Wharton, 19 Haw. 472 (1909); Pioneer Mill Co. v. Hart, 18 Haw. 674 (1905); Keliiilihune v. Vierra, 13 Haw. 28 (1900). 1967We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.” Territory v. Kobayashi, 25 Haw. 762, 766 ; Kaehu v. Namealoha, 20 Haw. 350; Kalamakee v. Wharton, 19 Haw. 472 ; Pioneer Mill *159 Co. v. Hart, 18 Haw. 674 ; Keliiilihune v. Vierra, 13 Haw. 28 ; see also 5 Am. | 2 | 1967–1978 |
Keliiilihune v. Vierra
green
2 sentences1978We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.” Ala Moana Boat Owners v. State, 50 Haw. 156, 158 , 434 P.2d 516, 518 (1967) citing Territory v. Kobayashi, 25 Haw. 762, 766 (1921); Kaehu v. Namealoha, 20 Haw. 350 (1911); Kalamakee v. Wharton, 19 Haw. 472 (1909); Pioneer Mill Co. v. Hart, 18 Haw. 674 (1905); Keliiilihune v. Vierra, 13 Haw. 28 (1900). 1967We necessarily approach a case with the assumption that no error has been committed upon the trial and until this assumption has been overcome by a positive showing the prevailing party is entitled to an affirmance.” Territory v. Kobayashi, 25 Haw. 762, 766 ; Kaehu v. Namealoha, 20 Haw. 350; Kalamakee v. Wharton, 19 Haw. 472 ; Pioneer Mill *159 Co. v. Hart, 18 Haw. 674 ; Keliiilihune v. Vierra, 13 Haw. 28 ; see also 5 Am. | 2 | 1967–1978 |
Ring v. Arizona
green
1 sentence2010However, "[t]rial judges are presumed to know the law and to apply it in making their decisions." Walton v. Arizona, 497 U.S. 639, 653 (1990), overruled on other grounds by Ring v. Arizona, 536 U.S. 584 (2002); see Au-Hoy v. Au-HoV, 60 Haw. 354, 358 , 590 P.2d 80, 83 (1979) (stating that appellate courts "necessarily approach a case with the assumption that no error has been committed upon the trial . . . until this assumption has been overcome by a positive showing" (internal quotation marks and citation omitted)). | 1 | 2010–2010 |
Territory of Hawaii v. Kunimoto
green
1 sentence1950In the absence of a record showing that there was no such evidence we would have to hold that the circuit court properly submitted the matter to the jury.” In Territory v. Kunimoto, 37 Haw. 591 , this court held in respect of its revisory jurisdiction and power conferred under section 9564 of Revised Laws of Hawaii 1945 that in circumstances such as presented by the record before us, revision may be mandated only upon a manifest showing from the evidence that error was committed. | 1 | 1950–1950 |
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.