7 Hawaii opinions name it 2 courts 2010–2021 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 |
|---|---|---|
McGreevey v. Charlestown Five Cents Savings Bankgreen1 sentence2021Bank, 2 N.E.2d 543, 544 (Mass. 1936) (holding that a sale advertised in the wrong county did not “strictly compl[y]” with power of sale, and “the sale is wholly void”). 31 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** Other states likewise do not apply a blanket rule as to when a sale is void versus voidable, and instead evaluate the magnitude of the error – “mere irregularities” (as put in Massachusetts) will not void a sale, but substantial defects will. 15 See, e.g., Ram, 234 Cal. App. 4th at 11 (“A sale is not rendered void merely because of minor or technical defe | 1 | 1 |
Williams v. Kimesgreen1 sentence2021A sale is rendered void, though, when the defects are substantial, such as when there has been a failure to give notice of sale to the trustor or to specify the correct default in the notice of default.”); Williams v. Kimes, 996 S.W.2d 43, 45 (Mo. 1999) (“In circumstances where the defect is so great that it goes to the very right or power to foreclose, then the non-judicial foreclosure is void and no title is conveyed through the sale.”). | 1 | 1 |
State v. Warnergreen2 sentences2014The court in Sawyer overruled this blanket rule and held that “justice demands a case-by-case analysis.” 88 Hawai#i at 333-34, 966 P.2d at 645-46 . -59- *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** anger which in turn may be of sufficient magnitude to constitute the ‘extreme mental or emotional disturbance’ which would reduce murder to manslaughter.” Warner, 58 Haw. at 498-99 , 573 P.2d at 963 (footnote omitted). 2014The court in Sawyer overruled this blanket rule and held that “justice demands a case-by-case analysis.” 88 Hawai#i at 333-34, 966 P.2d at 645-46 . -59- *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** anger which in turn may be of sufficient magnitude to constitute the ‘extreme mental or emotional disturbance’ which would reduce murder to manslaughter.” Warner, 58 Haw. at 498-99 , 573 P.2d at 963 (footnote omitted). | 1 | 1 |
State v. Liragreen2 sentences2014Moreover, this court has recognized that the “applicable test” for giving jury instructions “is one of a presence or an absence of evidentiary support for a defense, not one of a consistency of defenses.” State v. Lira, 70 Haw. 23, 29 , 759 P.2d 869, 873 (1988). 2014Moreover, this court has recognized that the “applicable test” for giving jury instructions “is one of a presence or an absence of evidentiary support for a defense, not one of a consistency of defenses.” State v. Lira, 70 Haw. 23, 29 , 759 P.2d 869, 873 (1988). | 1 | 1 |
Agsalud v. Blalackgreen2 sentences2013See Agsalud, 67 Haw. at 591 , 699 P.2d at 19 . 2013See Agsalud, 67 Haw. at 591 , 699 P.2d at 19 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Emery Air Freight, Corporation v. International Brotherhood Of Teamsters, Local 295
green
2 sentences2010Id. 2010Id. | 2 | 2010–2010 |
State v. Hern
green
1 sentence2017Id. | 1 | 2017–2017 |
State v. Metcalfe.
green
2 sentences2014Our decision in State v. Metcalfe, 129 Hawai'i 206 , 297 P.3d 1062 (2013) is not inconsistent with this position. 2014Our decision in State v. Metcalfe, 129 Hawai'i 206 , 297 P.3d 1062 (2013) is not inconsistent with this position. | 1 | 2014–2014 |
State v. Sawyer
green
2 sentences2014The court in Sawyer overruled this blanket rule and held that "justice demands a case-by-case analysis.” 88 Hawai'i at 333-34 , 966 P.2d at 645-46 . . 2014The court in Sawyer overruled this blanket rule and held that “justice demands a case-by-case analysis.” 88 Hawai#i at 333-34, 966 P.2d at 645-46 . -59- *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** anger which in turn may be of sufficient magnitude to constitute the ‘extreme mental or emotional disturbance’ which would reduce murder to manslaughter.” Warner, 58 Haw. at 498-99 , 573 P.2d at 963 (footnote omitted). | 1 | 2014–2014 |
Manson v. Brathwaite
green
2 sentences2012Id. at 112 , 97 S.Ct. 2243 . 2012Id. at 112 , 97 S.Ct. 2243 . | 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.