defense is an affirmative defense (Hawaii) · Go Syfert
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defense is an affirmative defense in Hawaii

7 Hawaii opinions name it 2 courts 1977–2022 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.

Followed or applied (4)

CaseFollowedCited
State v. Miyashirogreen
hawapp · 1999 · cited in 1 Hawaii opinions naming this issue, 2022–2022
1 sentence

2022See State v. Miyashiro, 90 Hawai#i 489, 499, 500 n.13, 979 P.2d 85, 95 , 96 n.13 (App. 1999) (discussing fundamental principles to be followed in instructing the jury in a criminal case); Adviento, 132 Hawai#i at 137-38, 319 P.3d at 1145-46.

11
State v. Kamanaogreen
haw · 2008 · cited in 1 Hawaii opinions naming this issue, 2020–2020
1 sentence

2020If such evidence is presented, then: . . . . (b) If the defense is an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal liability. 37 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** “It is a canon of construction that statutes that are in pari materia may be construed together, so that inconsistencies in one statute may be resolved by looking at another statute

11
State v. Andersongreen
haw · 1977 · cited in 1 Hawaii opinions naming this issue, 2020–2020
2 sentences

2020If such evidence is presented, then: . . . . (b) If the defense is an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal liability. 2 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER See State v. Anderson, 58 Haw. 479, 484 , 572 P.2d 159, 163 (1977) ("entrapment is an affirmative defense for which the defendant bears the burden of proof by a preponderance of the evi

2020If such evidence is presented, then: . . . . (b) If the defense is an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal liability. 2 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER See State v. Anderson, 58 Haw. 479, 484 , 572 P.2d 159, 163 (1977) ("entrapment is an affirmative defense for which the defendant bears the burden of proof by a preponderance of the evi

11
State v. Fukusakugreen
haw · 1997 · cited in 1 Hawaii opinions naming this issue, 2002–2002
2 sentences

2002The defendant claiming lack of penal responsibility “has the burden of going forward with the evidence to prove facts constituting the defense and of proving such facts by a preponderance of the evidence.” State v. Fukusaku, 85 Hawai'i 462, 481 , 946 P.2d 32, 51 (1997); see also HRS § 701-115(2)(b) (1993) (“If the defense is an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal liabili

2002The defendant claiming lack of penal responsibility "has the burden of going forward with the evidence to prove facts constituting the defense and of proving such facts by a preponderance of the evidence." State v. Fukusaku, 85 Hawai`i 462, 481, 946 P.2d 32, 51 (1997); see also HRS § 701-115(2)(b) (1993) ("If the defense is an affirmative defense, the defendant is entitled to *858 an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal lia

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. Locquiao green
haw · 2002
1 sentence

2020Locquiao, 100 Hawaiʻi at 202, 58 P.3d at 1249 .

12020–2020
People v. Tewksbury green
cal · 1976
1 sentence

2020If such evidence is presented, then: . . . . (b) If the defense is an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal liability. 2 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER See State v. Anderson, 58 Haw. 479, 484 , 572 P.2d 159, 163 (1977) ("entrapment is an affirmative defense for which the defendant bears the burden of proof by a preponderance of the evi

12020–2020
State v. Seguritan green
haw · 1988
2 sentences

2014Dumlao was overruled in part by Seguritan , to the extent that the discussion of EMED manslaughter in Dumlao suggested that the defendant is required to be exposed to an "extremely unusual and overwhelming stress.” See Seguritan, 70 Haw. at 174 , 766 P.2d at 128-29 .

2014Dumlao was overruled in part by Seguritan , to the extent that the discussion of EMED manslaughter in Dumlao suggested that the defendant is required to be exposed to an "extremely unusual and overwhelming stress.” See Seguritan, 70 Haw. at 174 , 766 P.2d at 128-29 .

12014–2014
Patterson v. New York green
scotus · 1977
1 sentence

1977If such evidence is presented, then: (a) If the defense is not an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in the light of any contrary prosecution evidence, raises a reasonable doubt as to the defendant’s guilt; or (b) If the defense is an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal liability. (

11977–1977

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 701-115 (6) HI § Haw. Rev. Stat. § 704-400 (3) HI § Haw. Rev. Stat. § 707-701 (3) HI § Haw. Rev. Stat. § 707-702 (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.

Where else courts name it

HI 7 (1977–2022) UT 5 (1980–2026) MO 3 (1937–2002) MI 2 (1997–2021)

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.

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