conviction and a simultaneous waiver (Hawaii) · Go Syfert
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conviction and a simultaneous waiver in Hawaii

7 Hawaii opinions name it 2 courts 1976–2025 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.

Followed or applied (18)

CaseFollowedCited
Wong v. Amonggreen
haw · 1970 · cited in 7 Hawaii opinions naming this issue, 1976–2025
2 sentences

2021See, e.g., State v. Nguyen, 81 Hawaiʻi 279, 292, 916 P.2d 689, 702 (1996) (“Manifest injustice occurs when a defendant makes a plea involuntarily or without knowledge of the direct consequences of the plea.”); Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (holding “[a] plea of guilty in itself is a conviction and a simultaneous waiver of several important constitutional guarantees . . .[ s]uch a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.”). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

2021See, e.g., State v. Nguyen, 81 Hawaiʻi 279, 292, 916 P.2d 689, 702 (1996) (“Manifest injustice occurs when a defendant makes a plea involuntarily or without knowledge of the direct consequences of the plea.”); Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (holding “[a] plea of guilty in itself is a conviction and a simultaneous waiver of several important constitutional guarantees . . .[ s]uch a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.”). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

67
Carvalho v. Olimgreen
haw · 1974 · cited in 2 Hawaii opinions naming this issue, 1976–1998
2 sentences

1998After all, a guilty or no contest plea, if accepted, is “ ‘in itself ... a conviction and a simultaneous waiver of ... important constitutional guarantees—[ (1) ] the privilege against self-incrimination, [(2)] a trial by jury, and [(3)] the confrontation of one’s accusers.’ ” Carvalho v. Olim, 55 Haw. 336, 343 , 519 P.2d 892, 897 (1974) (quoting Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970)).

1998After all, a guilty or no contest plea, if accepted, is “ ‘in itself ... a conviction and a simultaneous waiver of ... important constitutional guarantees—[ (1) ] the privilege against self-incrimination, [(2)] a trial by jury, and [(3)] the confrontation of one’s accusers.’ ” Carvalho v. Olim, 55 Haw. 336, 343 , 519 P.2d 892, 897 (1974) (quoting Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970)).

22
Kercheval v. United Statesgreen
scotus · 1927 · cited in 1 Hawaii opinions naming this issue, 2025–2025
1 sentence

2025Such a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.” Among, 52 Haw. at 425 , 477 P.2d at 634 (first citing Kercheval v. United States, 274 U.S. 220, 223 (1927); then citing McCarthy v. United States, 394 U.S. 459, 466 (1969); and then citing State v. Casey, 51 Haw. 99 , 451 P.2d 806 (1969)).

11
McCarthy v. United Statesgreen
scotus · 1969 · cited in 1 Hawaii opinions naming this issue, 2025–2025
1 sentence

2025Such a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.” Among, 52 Haw. at 425 , 477 P.2d at 634 (first citing Kercheval v. United States, 274 U.S. 220, 223 (1927); then citing McCarthy v. United States, 394 U.S. 459, 466 (1969); and then citing State v. Casey, 51 Haw. 99 , 451 P.2d 806 (1969)).

11
State v. Adamsgreen
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., State v. Nguyen, 81 Hawaiʻi 279, 292, 916 P.2d 689, 702 (1996) (“Manifest injustice occurs when a defendant makes a plea involuntarily or without knowledge of the direct consequences of the plea.”); Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (holding “[a] plea of guilty in itself is a conviction and a simultaneous waiver of several important constitutional guarantees . . .[ s]uch a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.”). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

11
State v. Tuan Quoc Nguyengreen
haw · 1996 · cited in 1 Hawaii opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., State v. Nguyen, 81 Hawaiʻi 279, 292, 916 P.2d 689, 702 (1996) (“Manifest injustice occurs when a defendant makes a plea involuntarily or without knowledge of the direct consequences of the plea.”); Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (holding “[a] plea of guilty in itself is a conviction and a simultaneous waiver of several important constitutional guarantees . . .[ s]uch a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.”). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

11
State v. Krstoth.green
haw · 2016 · cited in 1 Hawaii opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., State v. Nguyen, 81 Hawaiʻi 279, 292, 916 P.2d 689, 702 (1996) (“Manifest injustice occurs when a defendant makes a plea involuntarily or without knowledge of the direct consequences of the plea.”); Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (holding “[a] plea of guilty in itself is a conviction and a simultaneous waiver of several important constitutional guarantees . . .[ s]uch a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.”). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

11
State v. Guity.green
haw · 2019 · cited in 1 Hawaii opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., State v. Nguyen, 81 Hawaiʻi 279, 292, 916 P.2d 689, 702 (1996) (“Manifest injustice occurs when a defendant makes a plea involuntarily or without knowledge of the direct consequences of the plea.”); Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (holding “[a] plea of guilty in itself is a conviction and a simultaneous waiver of several important constitutional guarantees . . .[ s]uch a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.”). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

11
State v. Merinogreen
haw · 1996 · cited in 1 Hawaii opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., State v. Nguyen, 81 Hawaiʻi 279, 292, 916 P.2d 689, 702 (1996) (“Manifest injustice occurs when a defendant makes a plea involuntarily or without knowledge of the direct consequences of the plea.”); Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (holding “[a] plea of guilty in itself is a conviction and a simultaneous waiver of several important constitutional guarantees . . .[ s]uch a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.”). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

11
State v. Williamsgreen
haw · 1986 · cited in 1 Hawaii opinions naming this issue, 2005–2005
2 sentences

2005Generally, therefore, “[a] trial judge is constitutionally required to ensure that a guilty plea is voluntarily and knowingly entered.” Williams, 68 Haw. at 499 , 720 P.2d at 1012 (citations and emphasis omitted).

2005Generally, therefore, “[a] trial judge is constitutionally required to ensure that a guilty plea is voluntarily and knowingly entered.” Williams, 68 Haw. at 499 , 720 P.2d at 1012 (citations and emphasis omitted).

11
Goodrum v. Tanakagreen
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 1998–1998
1 sentence

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

11
State v. Kupaugreen
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 1998–1998
1 sentence

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

11
State v. KAPAUgreen
haw · 1994 · cited in 1 Hawaii opinions naming this issue, 1998–1998
1 sentence

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

11
Tachibana v. Stategreen
haw · 1995 · cited in 1 Hawaii opinions naming this issue, 1998–1998
2 sentences

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

11
Conner v. Stategreen
hawapp · 1992 · cited in 1 Hawaii opinions naming this issue, 1998–1998
2 sentences

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

11
State v. Arceogreen
haw · 1996 · cited in 1 Hawaii opinions naming this issue, 1998–1998
2 sentences

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

11
State v. Iosefagreen
hawapp · 1994 · cited in 1 Hawaii opinions naming this issue, 1998–1998
2 sentences

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

11
State v. Savitzgreen
haw · 1984 · cited in 1 Hawaii opinions naming this issue, 1998–1998
2 sentences

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

1998To the foregoing basic list of waived fundamental trial rights subsumed within an accepted plea of guilty or no contest, we would add the following: (4) the right to have guilt proved beyond a reasonable doubt; see Tachibana, 79 Hawai'i at 236 , 900 P.2d at 1303 (citing Conner v. State, 9 Haw.App. 122, 126 , 826 P.2d 440, 442-43 (1992)); (5) the right to a unanimous jury *423 verdict; see State v. Arceo, 84 Hawai'i 1, 27 , 928 P.2d 843, 872 (1996) (citing article I, sections 5 and 14 of the Hawai'i Constitution and State v. Iosefa, 77 Hawai'i 177, 185 , 880 P.2d 1224, 1232 (App.), cert. dismis

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 (4)

CaseCitedYears
State v. Casey green
haw · 1969
2 sentences

2025Such a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.” Among, 52 Haw. at 425 , 477 P.2d at 634 (first citing Kercheval v. United States, 274 U.S. 220, 223 (1927); then citing McCarthy v. United States, 394 U.S. 459, 466 (1969); and then citing State v. Casey, 51 Haw. 99 , 451 P.2d 806 (1969)).

2025Such a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.” Among, 52 Haw. at 425 , 477 P.2d at 634 (first citing Kercheval v. United States, 274 U.S. 220, 223 (1927); then citing McCarthy v. United States, 394 U.S. 459, 466 (1969); and then citing State v. Casey, 51 Haw. 99 , 451 P.2d 806 (1969)).

12025–2025
State v. Kealoha. green
haw · 2018
1 sentence

2021See, e.g., State v. Nguyen, 81 Hawaiʻi 279, 292, 916 P.2d 689, 702 (1996) (“Manifest injustice occurs when a defendant makes a plea involuntarily or without knowledge of the direct consequences of the plea.”); Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (holding “[a] plea of guilty in itself is a conviction and a simultaneous waiver of several important constitutional guarantees . . .[ s]uch a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.”). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

12021–2021
State v. Garcia. green
haw · 2015
1 sentence

2021See, e.g., State v. Nguyen, 81 Hawaiʻi 279, 292, 916 P.2d 689, 702 (1996) (“Manifest injustice occurs when a defendant makes a plea involuntarily or without knowledge of the direct consequences of the plea.”); Wong v. Among, 52 Haw. 420, 425 , 477 P.2d 630, 634 (1970) (holding “[a] plea of guilty in itself is a conviction and a simultaneous waiver of several important constitutional guarantees . . .[ s]uch a waiver is not constitutionally acceptable unless made voluntarily and with full understanding of the consequences.”). 32 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER

12021–2021
State v. Solomon green
haw · 2005
2 sentences

2018On certiorari, Hernandez contends that the district court erred in accepting his no contest plea without ensuring that his plea was knowingly, intelligently, and voluntarily made. 19 It is well established "that a guilty plea 'in itself is a conviction and a simultaneous waiver of several important constitutional guarantees[,]' namely, the privilege against compulsory self-incrimination, the right to a trial by jury, and the right to confront one's accusers." State v. Solomon , 107 Hawai'i 117 , 127, 111 P.3d 12 , 22 (2005) (alteration in original) (quoting Wong v. Among , 52 Haw. 420 , 425, 4

2018On certiorari, Hernandez contends that the district court erred in accepting his no contest plea without ensuring that his plea was knowingly, intelligently, and voluntarily made. 19 It is well established "that a guilty plea 'in itself is a conviction and a simultaneous waiver of several important constitutional guarantees[,]' namely, the privilege against compulsory self-incrimination, the right to a trial by jury, and the right to confront one's accusers." State v. Solomon , 107 Hawai'i 117 , 127, 111 P.3d 12 , 22 (2005) (alteration in original) (quoting Wong v. Among , 52 Haw. 420 , 425, 4

12018–2018

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 707-733 (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.

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