7 Hawaii opinions name it 2 courts 1904–2015 0 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. Garciagreen2 sentences2010Because the dissent’s characterization of this court’s holding as a violation of the doctrine of stare decisis is not justified, there is no necessity to show “some compelling justification.” Dissenting opinion at 532, 229 P.3d at 350 (quoting State v. Garcia, 96 Hawai'i 200, 206 , 29 P.3d 919, 925 (2001)) (emphasis omitted). 2010Because the dissent’s characterization of this court’s holding as a violation of the doctrine of stare decisis is not justified, there is no necessity to show “some compelling justification.” Dissenting opinion at 532, 229 P.3d at 350 (quoting State v. Garcia, 96 Hawai'i 200, 206 , 29 P.3d 919, 925 (2001)) (emphasis omitted). | 1 | 1 |
Ditto v. McCurdygreen2 sentences2006See Ditto v. McCurdy, 98 Hawai'i 123, 128 , 44 P.3d 274, 279 (2002) (stating that "a determination of a question of law made by an appellate court in the course of an action becomes the law of the case and may not be disputed by a reopening of the question at a later stage of the litigation”) (citation and internal quotation marks omitted). 15 . 2006See Ditto v. McCurdy, 98 Hawai'i 123, 128 , 44 P.3d 274, 279 (2002) (stating that "a determination of a question of law made by an appellate court in the course of an action becomes the law of the case and may not be disputed by a reopening of the question at a later stage of the litigation”) (citation and internal quotation marks omitted). 15 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Survivors of Iida v. Oriental Imports, Inc.
green
2 sentences2015Iida, 84 Hawai'i at 396 , 935 P.2d at 111 . 2. 2015Iida, 84 Hawai'i at 396 , 935 P.2d at 111 . 2. | 1 | 2015–2015 |
State v. Nichols
green
2 sentences2013I would hold, first, that if weak, inconclusive, or unsatisfactory evidence going to a particular defense is adduced (such evidence by definition being apparent from the record), the court must instruct the jury on that defense, even if the defendant does not request such an instruction, in order that the jury may arrive at an informed and just verdict. 1 Second, respectfully, the majority’s holding that an instruction on a defense will not be given unless requested, except where there is “credible evidence” of such a defense and, “a reasonable juror could harbor a reasonable doubt,” inter ali 2013I would hold, first, that if weak, inconclusive, or unsatisfactory evidence going to a particular defense is adduced (such evidence by definition being apparent from the record), the court must instruct the jury on that defense, even if the defendant does not request such an instruction, in order that the jury may arrive at an informed and just verdict. 1 Second, respectfully, the majority’s holding that an instruction on a defense will not be given unless requested, except where there is “credible evidence” of such a defense and, “a reasonable juror could harbor a reasonable doubt,” inter ali | 1 | 2013–2013 |
State v. Wilson
green
2 sentences2010Furthermore, the dissent’s reference to Garcia is incorrect, as this court’s discussion was in the context of addressing the prosecution’s argument that two prior decisions of this court, State v. Wilson, 92 Hawai'i 45 , 987 P.2d 268 (1999), and Gray v. Admin. 2010Furthermore, the dissent’s reference to Garcia is incorrect, as this court’s discussion was in the context of addressing the prosecution’s argument that two prior decisions of this court, State v. Wilson, 92 Hawai'i 45 , 987 P.2d 268 (1999), and Gray v. Admin. | 1 | 2010–2010 |
United Truck Rental Equipment Leasing, Inc. v. Kleenco Corp.
green
2 sentences2001The ICA’s holding appears all the more anomalous in light of the fact that, in United Truck Rental Equipment Leasing, Inc., v. Kleenco Corp., 84 Hawai'i 86 , 929 P.2d 99 (App.1996), it reviewed the historical development of the rule that "loss of use” damages were unavailable in complete destruction cases and departed from that rule, holding that damages for loss of use may be recovered when a vehicle is totally destroyed or merely partially damaged, subject to the qualification that "recovery . .. must be limited to a period of time reasonably necessary for securing a replacement.” Our decisi 2001The ICA’s holding appears all the more anomalous in light of the fact that, in United Truck Rental Equipment Leasing, Inc., v. Kleenco Corp., 84 Hawai'i 86 , 929 P.2d 99 (App.1996), it reviewed the historical development of the rule that "loss of use” damages were unavailable in complete destruction cases and departed from that rule, holding that damages for loss of use may be recovered when a vehicle is totally destroyed or merely partially damaged, subject to the qualification that "recovery . .. must be limited to a period of time reasonably necessary for securing a replacement.” Our decisi | 1 | 2001–2001 |
Smith v. Allwright
green
1 sentence1972Marsh v. Alabama, 326 U.S. 501 (1946); Amalgamated Food Employees Union v. Logan Valley Plaza, Inc., 391 U.S. 308 (1968); Smith v. Allwright, 321 U.S. 649 (1944). | 1 | 1972–1972 |
Marsh v. Alabama
green
1 sentence1972Marsh v. Alabama, 326 U.S. 501 (1946); Amalgamated Food Employees Union v. Logan Valley Plaza, Inc., 391 U.S. 308 (1968); Smith v. Allwright, 321 U.S. 649 (1944). | 1 | 1972–1972 |
Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc.
red
1 sentence1972Marsh v. Alabama, 326 U.S. 501 (1946); Amalgamated Food Employees Union v. Logan Valley Plaza, Inc., 391 U.S. 308 (1968); Smith v. Allwright, 321 U.S. 649 (1944). | 1 | 1972–1972 |
People v. Sweeney
neutral
1 sentence1904In People v. Sweeney, 55 Mich. 586 , the holding was that the presumption that a sane man must be held to intend the necessary and probable consequences of his own acts, though a very important circumstance in making the proof of intent is not conclusive nor alone sufficient and should be supplemented by other testimony to avoid a reasonable doubt. | 1 | 1904–1904 |
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.