HPD motion (Hawaii) · Go Syfert
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HPD motion in Hawaii

7 Hawaii opinions name it 2 courts 1999–2025 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 (5)

CaseFollowedCited
State v. Itogreen
hawapp · 1999 · cited in 3 Hawaii opinions naming this issue, 2000–2009
2 sentences

2009However, the ICA held that "no evidence was adduced that [the arresting officer] was duly qualified to conduct the HGN test and grade the test results" because "it is not clear what HPD's `standard training' consists of and whether HPD's standard training program meets the requirements of the [National Highway Traffic Safety Administration ("NHTSA")]." Id. (brackets added).

2009Thus, the ICA "[had] no way of knowing the extent and nature of [the arresting officer's] HGN training, whether [the arresting officer's] training was supervised by certified instructors, whether [the arresting officer] was certified to administer the test, and whether [the arresting officer] received periodic retraining to refresh himself on his HGN test administration skills." Id. (brackets added).

13
Nozawa v. Operating Engineers Local Union No. 3.green
haw · 2018 · cited in 1 Hawaii opinions naming this issue, 2025–2025
2 sentences

2025Nozawa, 142 Hawai#i at 339, 418 P.3d at 1195.

2025Nozawa, 142 Hawai#i at 339, 418 P.3d at 1195 .

11
Runnels v. Okamotogreen
haw · 1974 · cited in 1 Hawaii opinions naming this issue, 2025–2025
2 sentences

2025Bellamy argued there was sufficient evidence of malice to submit the issue to the jury, citing Runnels v. Okamoto, 56 Haw. 1, 5, 525 P.2d 1125, 1129 (1974) ("The existence or absence of malice is generally a question for the jury.").

2025Bellamy argued there was sufficient evidence of malice to submit the issue to the jury, citing Runnels v. Okamoto, 56 Haw. 1, 5, 525 P.2d 1125, 1129 (1974) ("The existence or absence of malice is generally a question for the jury.").

11
Namauu v. City and County of Honolulugreen
haw · 1980 · cited in 1 Hawaii opinions naming this issue, 1999–1999
2 sentences

1999As discussed below, for reasons of public policy, we decline, under circumstances such as those alleged in the plaintiffs’ first amended complaint, to recognize a claim for relief for “negligent release” by the police. “[T]he failure of the police to provide protection is ordinarily not actionable.” Freitas v. City and County of Honolulu, 58 Haw. 587, 590 , 574 P.2d 529, 532 (1978) (citation omitted). 5 See also Namauu v. City and County of Honolulu, 62 Haw. 358, 363 , 614 P.2d 943, 946 (1980).

1999As discussed below, for reasons of public policy, we decline, under circumstances such as those alleged in the plaintiffs’ first amended complaint, to recognize a claim for relief for “negligent release” by the police. “[T]he failure of the police to provide protection is ordinarily not actionable.” Freitas v. City and County of Honolulu, 58 Haw. 587, 590 , 574 P.2d 529, 532 (1978) (citation omitted). 5 See also Namauu v. City and County of Honolulu, 62 Haw. 358, 363 , 614 P.2d 943, 946 (1980).

11
Freitas v. City and County of Honolulugreen
haw · 1978 · cited in 1 Hawaii opinions naming this issue, 1999–1999
2 sentences

1999As discussed below, for reasons of public policy, we decline, under circumstances such as those alleged in the plaintiffs’ first amended complaint, to recognize a claim for relief for “negligent release” by the police. “[T]he failure of the police to provide protection is ordinarily not actionable.” Freitas v. City and County of Honolulu, 58 Haw. 587, 590 , 574 P.2d 529, 532 (1978) (citation omitted). 5 See also Namauu v. City and County of Honolulu, 62 Haw. 358, 363 , 614 P.2d 943, 946 (1980).

1999As discussed below, for reasons of public policy, we decline, under circumstances such as those alleged in the plaintiffs’ first amended complaint, to recognize a claim for relief for “negligent release” by the police. “[T]he failure of the police to provide protection is ordinarily not actionable.” Freitas v. City and County of Honolulu, 58 Haw. 587, 590 , 574 P.2d 529, 532 (1978) (citation omitted). 5 See also Namauu v. City and County of Honolulu, 62 Haw. 358, 363 , 614 P.2d 943, 946 (1980).

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 (3)

CaseCitedYears
Medeiros v. Kondo green
haw · 1974
2 sentences

2025HPD's motion for summary judgment argued that the doctrine of qualified privilege applied because there was no "clear and convincing evidence" that the police officers were "motivated by malice and not by an otherwise proper purpose." HPD relied on Medeiros v. Kondo, 55 Haw. 499, 522 P.2d 1269 (1974).

2025HPD's motion for summary judgment argued that the doctrine of qualified privilege applied because there was no "clear and convincing evidence" that the police officers were "motivated by malice and not by an otherwise proper purpose." HPD relied on Medeiros v. Kondo, 55 Haw. 499, 522 P.2d 1269 (1974).

12025–2025
People v. Burnette green
nysupct · 1994
2 sentences

2010He contended that his state and federal constitutional right to compulsory process 3 —to compel the production of documents—allowed him to obtain the complainant’s police records by subpoena duces tecum pursuant to HRPP Rule 17(b), “independently and apart from the normal discovery process of HRPP Rule 16.” The contention was grounded on a decision of a New York County trial court in People v. Burnette, 160 Misc.2d 1005 , 612 N.Y.S.2d 774 (N.Y.Sup.Ct.1994), wherein the court, Judge Goodman presiding, refused to quash a criminal defendant’s subpoena duces tecum to the New York City Police Depar

2010He contended that his state and federal constitutional right to compulsory process 3 —to compel the production of documents—allowed him to obtain the complainant’s police records by subpoena duces tecum pursuant to HRPP Rule 17(b), “independently and apart from the normal discovery process of HRPP Rule 16.” The contention was grounded on a decision of a New York County trial court in People v. Burnette, 160 Misc.2d 1005 , 612 N.Y.S.2d 774 (N.Y.Sup.Ct.1994), wherein the court, Judge Goodman presiding, refused to quash a criminal defendant’s subpoena duces tecum to the New York City Police Depar

12010–2010
State v. Estrada green
haw · 1987
2 sentences

2009Estrada, 69 Haw. at 216-17 , 738 P.2d at 821-22 .

2009Estrada, 69 Haw. at 216-17 , 738 P.2d at 821-22 .

12009–2009

Where else courts name it

HI 7 (1999–2025) NY 7 (2002–2020)

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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