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7 Hawaii opinions name it 2 courts 1996–2022 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 |
|---|---|---|
Doe v. Doegreen2 sentences2018In Doe , this court held that the family court erroneously denied the mother a re-hearing in a custody proceeding when she was unable to present evidence of the father's alleged abusive behavior at the initial custody hearing because the hearing time had expired. 98 Hawai'i at 147-48 , 156 , 44 P.3d at 1088-89 , 1097 . 2018In Doe , this court held that the family court erroneously denied the mother a re-hearing in a custody proceeding when she was unable to present evidence of the father's alleged abusive behavior at the initial custody hearing because the hearing time had expired. 98 Hawai'i at 147-48 , 156 , 44 P.3d at 1088-89 , 1097 . | 1 | 2 |
State v. Ketchumgreen2 sentences2016With respect to the interrogation requirement, the Hawai'i Supreme Court has held that “the ultimate question becomes whether the police officer should have known that his or her words or actions were reasonably likely to elicit an incriminating response from the person in custody.” State v. Ketchum, 97 Hawai‘i 107, 119, 34 P.3d 1006, 1018 (2001) (internal quotation marks, citation, and brackets omitted). 2001With all due respect, I find no help, and, in my view, individuals, the police, counsel, and the trial courts would not be aided by the substitution of a multi-headed test for "custody" dependent upon (1) the "questions of the police" (thus melding the independent precondition of interrogation in Miranda into the custody requirement) or (2) whether "the point of arrest" has arrived, majority opinion at 125, 34 P.3d at 1024 , in place of the plain and understandable direction of Miranda that the warnings are triggered in its custody aspect when the individual is taken into custody or that perso | 1 | 2 |
Hamilton Ex Rel. Lethem v. Lethemgreen1 sentence2009See Hamilton , 119 Hawai`i at 7, 193 P.3d at 845 . [24] 2. | 1 | 1 |
Seibel v. City & County of Honolulugreen2 sentences1996The majority quotes Seibel v. City and County of Honolulu, 61 Haw. 253, 260 , 602 P.2d 532, 537-38 (1979), inter alia, for the proposition that [t]he basis for imposing a duty on the parent, master or institutional custodian to control the conduct of a child, servant or ward is that, because of the relationship between the parties, the parent, master or institutional custodian is able or should be able to foresee the risk created by the other and can or should be able to take precautions against that risk. 1996The majority quotes Seibel v. City and County of Honolulu, 61 Haw. 253, 260 , 602 P.2d 532, 537-38 (1979), inter alia, for the proposition that [t]he basis for imposing a duty on the parent, master or institutional custodian to control the conduct of a child, servant or ward is that, because of the relationship between the parties, the parent, master or institutional custodian is able or should be able to foresee the risk created by the other and can or should be able to take precautions against that risk. | 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. Loher.
green
2 sentences2022Father Fails To Meet His Burden Of Showing That The Family Court Erred By Not Appointing Counsel Sua Sponte Father argues that the "Family Court erred by not appointing counsel on behalf of Respondent who is an indigent defendant in a custody hearing where the Plaintiff's allegations was prosecuted by her counsel[,]" and cites to State v. Loher, 140 Hawai#i 205, 398 P.3d 794 (2017). 2022In Loher, the Hawaii Supreme Court held that the trial court deprived the defendant of his "constitutional right to the assistance of counsel as provided by the Sixth Amendment to the United States Constitution and article I, section 14 of the Hawai#i Constitution." Id. at 220, 398 P.3d at 809 . | 1 | 2022–2022 |
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.