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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.
| Case | Followed | Cited |
|---|---|---|
State v. Miyashirogreen1 sentence2022See 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. | 1 | 1 |
State v. Kamanaogreen1 sentence2020If 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 | 1 | 1 |
State v. Andersongreen2 sentences2020If 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evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal liability. 2 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER See State v. Anderson, 58 Haw. 479, 484 , 572 P.2d 159, 163 (1977) ("entrapment is an affirmative defense for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evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal liability. 2 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER See State v. Anderson, 58 Haw. 479, 484 , 572 P.2d 159, 163 (1977) ("entrapment is an affirmative defense for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 | 1 | 1 |
State v. Fukusakugreen2 sentences2002The 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 | 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. Locquiao
green
1 sentence2020Locquiao, 100 Hawaiʻi at 202, 58 P.3d at 1249 . | 1 | 2020–2020 |
People v. Tewksbury
green
1 sentence2020If 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 | 1 | 2020–2020 |
State v. Seguritan
green
2 sentences2014Dumlao 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 . | 1 | 2014–2014 |
Patterson v. New York
green
1 sentence1977If 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. ( | 1 | 1977–1977 |
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.