7 Hawaii opinions name it 2 courts 1999–2023 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 |
|---|---|---|
State v. Carrollgreen2 sentences2023In light of the foregoing, we clarify that multiple offenses must be legally and/or factually interrelated in order to be “so closely related in . . . circumstances that a complete account of one charge cannot be related without referring to details of the other charge.” Carroll, 63 Haw. at 351 , 627 P.2d at 780 .13 “all equipment, products, and materials of any kind which are used . . . in . . . storing[ or] containing . . . a controlled substance in violation of this chapter. 2023In light of the foregoing, we clarify that multiple offenses must be legally and/or factually interrelated in order to be “so closely related in . . . circumstances that a complete account of one charge cannot be related without referring to details of the other charge.” Carroll, 63 Haw. at 351 , 627 P.2d at 780 .13 “all equipment, products, and materials of any kind which are used . . . in . . . storing[ or] containing . . . a controlled substance in violation of this chapter. | 1 | 1 |
Carlisle v. ONE (1) BOATgreen2 sentences2008(Bold emphasis in original.) (Underscored emphases added.) The ICA, however, reasoned that the definition contained in HRS § 712A-1 “makes clear that a provision such as HRS § 199-7 which ‘relat[es] to’ the covered offense, and provides for forfeiture for a violation of it, is sufficient.” One Boat, 118 Hawai'i at 115 , 185 P.3d at 863 (brackets in original). 2008(Bold emphasis in original.) (Underscored emphases added.) The ICA, however, reasoned that the definition contained in HRS § 712A-1 “makes clear that a provision such as HRS § 199-7 which ‘relat[es] to’ the covered offense, and provides for forfeiture for a violation of it, is sufficient.” One Boat, 118 Hawai'i at 115 , 185 P.3d at 863 (brackets in original). | 1 | 1 |
State v. Jhungreen2 sentences2005In State v. Jhun, 83 Hawai'i 472, 481 , 927 P.2d 1355, 1364 (1996), the supreme court set forth the standard of review of a post-verdict motion for judgment of acquittal; When reviewing a motion for judgment of acquittal, we employ the same standard that a trial court applies to such a motion, namely, whether, upon the evidence viewed in the light most favorable to the prosecution and in full recognition of the province of the trier of fact, the evidence is sufficient to support a prima facie case so that a reasonable mind might fairly conclude guilt beyond a reasonable doubt. 2005In State v. Jhun, 83 Hawai'i 472, 481 , 927 P.2d 1355, 1364 (1996), the supreme court set forth the standard of review of a post-verdict motion for judgment of acquittal; When reviewing a motion for judgment of acquittal, we employ the same standard that a trial court applies to such a motion, namely, whether, upon the evidence viewed in the light most favorable to the prosecution and in full recognition of the province of the trier of fact, the evidence is sufficient to support a prima facie case so that a reasonable mind might fairly conclude guilt beyond a reasonable doubt. | 1 | 1 |
Tachibana v. Stategreen2 sentences2003Tachibana v. State, 79 Hawai'i 226, 236 , 900 P.2d 1293, 1303 (1995) ("Thus, we hold that in order to protect the right to testify under the Hawai'i Constitution, trial courts must advise criminal defendants of their right to testify and must obtain an on-the-record waiver of that right in every case in which the defendant does not testify.” (Footnotes omitted.)). 5 . 2003Tachibana v. State, 79 Hawai'i 226, 236 , 900 P.2d 1293, 1303 (1995) ("Thus, we hold that in order to protect the right to testify under the Hawai'i Constitution, trial courts must advise criminal defendants of their right to testify and must obtain an on-the-record waiver of that right in every case in which the defendant does not testify.” (Footnotes omitted.)). 5 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Fukagawa
green
2 sentences2020Rapozo, 123 Hawai#i at 332, 60 P.3d at 328 . 13 (...continued) producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of [the Uniformed Controlled Substances Act, HRS Chapter 329.] This definition includes: “envelopes[ ] and other containers used, primarily intended for use, or primarily designed for use in packaging small quantities of controlled substances” and “objects used . . . in inhaling . . . methamphetamine into the hu 2020Rapozo, 123 Hawai#i at 332, 60 P.3d at 328 . | 2 | 2020–2020 |
Spanish Fork City v. Bryan
green
2 sentences1999In Spanish Fork City v. Bryan, 975 P.2d 501 (Utah App.1999), a case factually similar to the instant case, the Utah Court of Appeals reversed, for insufficient evidence, a wife’s conviction for possession of drug paraphernalia, in violation of Utah Code Ann. § 58 -37a-5(l) (1996), 5 a statute which appears to be identical to HRS § 329^13.5(a) in pertinent respects. 1999Moreover, there is no evidence in the record that Juliet intended to use the scale for any of the following prohibited purposes listed in HRS § 329-43.5(a): "to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter." Therefore, the "intent to use" element of the Unlawful Use of Drug Paraphernalia offense was not established. *748 In Spanish Fork City v. Bryan, 975 P.2d 501 (U | 1 | 1999–1999 |
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.