7 Hawaii opinions name it 2 courts 1956–2021 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. Holbrongreen2 sentences2021However, invoking the presumption that jurors are reasonable and generally follow the instructions given, this court concluded that because “the jury could not have reached, much less considered, the disputed instruction that erroneously described a nonexistent offense, there is no ‘reasonable possibility that [the] error might have contributed to [the defendant’s] conviction.” 80 Hawaiʻi at 46-47, 904 P.2d at 931 - 32 (first alteration in original). 2000The Hawaii Supreme Court held that because in reaching a unanimous guilty verdict as to the attempted murder charge the jury could not have reached or considered the disputed instruction or the nonexistent offense, there was no reasonable possibility that the error might have contributed to the defendant’s conviction and, thus, “that the giving of the erroneous disputed jury instruction was harmless beyond a reasonable doubt.” Holbron, 80 Hawai'i at 47 , 904 P.2d at 932 . | 1 | 3 |
Urtz v. . N.Y.C. H.R.R.R. Co.green2 sentences2007Specifically, the Urtz court explained that the measure of damages is how much could the plaintiff have reasonably demanded and the defendant reasonably have allowed as [a] final compromise above and beyond the [amount] in fact allowed and received? ... [In determining the amount, the jury] would take into view the probabilities of the successful enforcement of the cause of action, the probable extent and expense of the expected litigation over this disputed claim, the law’s delays, the probability of the continuing solvency of the defendant, and such other facts pertinent to the question of d 2007Specifically, the Urtz court explained that the measure of damages is how much could the plaintiff have reasonably demanded and the defendant reasonably have allowed as [a] final compromise above and beyond the [amount] in fact allowed and received? . . . [In determining the amount, the jury] would take into view the probabilities of the successful enforcement of the cause of action, the probable extent and expense of the expected litigation over this disputed claim, the law's delays, the probability of the continuing solvency of the defendant, and such other facts pertinent to the question of | 1 | 1 |
State v. Kinnanegreen2 sentences1995See Kinnane, 79 Hawai'i at 49, 897 P.2d at 976 ; Hoey, 77 Hawai'i at 38 , 881 P.2d at 525 ; Kelekolio, 74 Haw. at 514-15 , 849 P.2d at 74 . 1995See Kinnane, 79 Hawai'i at 49, 897 P.2d at 976 ; Hoey, 77 Hawai'i at 38 , 881 P.2d at 525 ; Kelekolio, 74 Haw. at 514-15 , 849 P.2d at 74 . | 1 | 1 |
State v. Pinerogreen2 sentences1995That being the case, “it affirmatively appears from the record as a whole that the error was not prejudicial.” Pinero I, 70 Haw. at 527, 778 P.2d at 716 . 1995That being the case, “it affirmatively appears from the record as a whole that the error was not prejudicial.” Pinero I, 70 Haw. at 527, 778 P.2d at 716 . | 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. Heard
green
2 sentences1995Because, under the circumstances of this ease, in reaching a unanimous guilty verdict as to the charged offense of attempted murder in the second degree, the jury could not have reached, much less considered, the disputed instruction that erroneously described a nonexistent offense, there is no “reasonable possibility that [the] error might have contributed to ' [Holbron’s] conviction.” See Heard, 64 Haw. at 194 , 638 P.2d at 308 . 1995Because, under the circumstances of this ease, in reaching a unanimous guilty verdict as to the charged offense of attempted murder in the second degree, the jury could not have reached, much less considered, the disputed instruction that erroneously described a nonexistent offense, there is no “reasonable possibility that [the] error might have contributed to ' [Holbron’s] conviction.” See Heard, 64 Haw. at 194 , 638 P.2d at 308 . | 2 | 1995–2000 |
Massachusetts Mutual Life Insurance v. Russell
green
2 sentences1999Thus, there really is nothing at all in the statutory text to support the conclusion that such a delay gives rise to a private right of action for compensatory or punitive relief. 473 U.S. at 144 , 105 S.Ct. 3085 . 1999Thus, there really is nothing at all in the statutory text to support the conclusion that such a delay gives rise to a private right of action for compensatory or punitive relief. 473 U.S. at 144 , 105 S.Ct. 3085 . | 1 | 1999–1999 |
State v. Tagaro
green
2 sentences1995We now turn our attention to State v. Tagaro, 7 Haw.App. 291 , 757 P.2d 1175 , cert. granted, 69 Haw. 678 , — P.2d-(1987), cert. dismissed, 70 Haw. 666 , 796 P.2d 502 (1988), which seems, without apparent attribution in the record before us, to be the genesis of the disputed instruction. 1995We now turn our attention to State v. Tagaro, 7 Haw.App. 291 , 757 P.2d 1175 , cert. granted, 69 Haw. 678 , — P.2d-(1987), cert. dismissed, 70 Haw. 666 , 796 P.2d 502 (1988), which seems, without apparent attribution in the record before us, to be the genesis of the disputed instruction. | 1 | 1995–1995 |
State v. Kelekolio
green
2 sentences1995See Kinnane, 79 Hawai'i at 49, 897 P.2d at 976 ; Hoey, 77 Hawai'i at 38 , 881 P.2d at 525 ; Kelekolio, 74 Haw. at 514-15 , 849 P.2d at 74 . 1995See Kinnane, 79 Hawai'i at 49, 897 P.2d at 976 ; Hoey, 77 Hawai'i at 38 , 881 P.2d at 525 ; Kelekolio, 74 Haw. at 514-15 , 849 P.2d at 74 . | 1 | 1995–1995 |
State v. Hoey
green
2 sentences1995See Kinnane, 79 Hawai'i at 49, 897 P.2d at 976 ; Hoey, 77 Hawai'i at 38 , 881 P.2d at 525 ; Kelekolio, 74 Haw. at 514-15 , 849 P.2d at 74 . 1995See Kinnane, 79 Hawai'i at 49, 897 P.2d at 976 ; Hoey, 77 Hawai'i at 38 , 881 P.2d at 525 ; Kelekolio, 74 Haw. at 514-15 , 849 P.2d at 74 . | 1 | 1995–1995 |
Curran v. Bray Wood Heel Co., Inc.
green
1 sentence1956A. (N. S.) 380, “The plaintiff had only one alternative, to accept the check as payment in full or to return it.” In Curran v. Bray Wood Heel Co., Inc., 116 Vt. 21 (1949), parts of the syllabus read: “If one who has a disputed claim against another accepts and retains a less amount than he claims is due which is offered by the other in full settlement of such claim, it operates as an accord and satisfaction of such claim, and controversy respecting it is ended. | 1 | 1956–1956 |
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.