unjustifiable standard (Hawaii) · Go Syfert
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unjustifiable standard in Hawaii

7 Hawaii opinions name it 2 courts 1980–2024 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. Kailua Auto Wreckers, Inc.green
haw · 1980 · cited in 6 Hawaii opinions naming this issue, 1987–2024
2 sentences

2024She must "present sufficient evidence to establish the existence of intentional or purposeful discrimination . . . that is deliberately based upon an unjustifiable standard such as race, religion or other arbitrary classification." State v. Kailua Auto Wreckers, Inc., 62 Haw. 222, 226-27 , 615 P.2d 730 , 734-35 (1980) (cleaned up).

2024She must "present sufficient evidence to establish the existence of intentional or purposeful discrimination . . . that is deliberately based upon an unjustifiable standard such as race, religion or other arbitrary classification." State v. Kailua Auto Wreckers, Inc., 62 Haw. 222, 226-27 , 615 P.2d 730 , 734-35 (1980) (cleaned up).

26
Carlisle ex rel. State v. Ten Thousand Four Hundred Forty-Seven Dollars in United States Currency ($10,447.00)green
haw · 2004 · cited in 1 Hawaii opinions naming this issue, 2009–2009
2 sentences

2009The selection of one of the potential law violators over another is not the type of arbitrary classification the supreme court had in mind when it referred to “an unjustifiable standard such as race, religion or other arbitrary classification.” Kailua Auto Wreckers, 62 Haw. at 227 , 615 P.2d at 734-35 (internal quotation marks omitted); see also Carlisle v. Ten Thousand Four Hundred Forty-Seven Dollars in United States Currency, 104 Hawai'i 323, 338 , 89 P.3d 823, 838 (2004).

2009The selection of one of the potential law violators over another is not the type of arbitrary classification the supreme court had in mind when it referred to “an unjustifiable standard such as race, religion or other arbitrary classification.” Kailua Auto Wreckers, 62 Haw. at 227 , 615 P.2d at 734-35 (internal quotation marks omitted); see also Carlisle v. Ten Thousand Four Hundred Forty-Seven Dollars in United States Currency, 104 Hawai'i 323, 338 , 89 P.3d 823, 838 (2004).

11
Joseph Moss v. Albert H. Horniggreen
ca2 · 1963 · cited in 1 Hawaii opinions naming this issue, 1980–1980
1 sentence

1980It is insufficient to show merely that other offenders have not been prosecuted, Moss v. Hornig, 314 F.2d 89, 92 (2nd Cir. 1963); or that there has been laxity of enforcement, People v. Utica Daw’s Drug Company, 16 App.Div.2d 12, 225 N.Y.S.2d 128, 131 (1962); or that there has been some conscious selectivity in prosecution.

11
People v. Utica Daw's Drug Co.green
nyappdiv · 1962 · cited in 1 Hawaii opinions naming this issue, 1980–1980
1 sentence

1980It is insufficient to show merely that other offenders have not been prosecuted, Moss v. Hornig, 314 F.2d 89, 92 (2nd Cir. 1963); or that there has been laxity of enforcement, People v. Utica Daw’s Drug Company, 16 App.Div.2d 12, 225 N.Y.S.2d 128, 131 (1962); or that there has been some conscious selectivity in prosecution.

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
Oyler v. Boles green
scotus · 1962
2 sentences

1987Second, Ranchers must establish that their selection was “deliberately based upon an unjustifiable standard such as race, religion or other arbitrary classification.” State v. Kailua Auto Wreckers, Inc., 62 Haw. at 227, 615 P.2d at 734 -35 (quoting Oyler v. Boles, 368 U.S. at 456 ).

1980That party must *227 present sufficient evidence to establish the existence of intentional or purposeful discrimination, Snowden v. Hughes, 321 U.S. 1 (1944), 4 that is “deliberately based upon an unjustifiable standard such as race, religion or other arbitrary classification.” Oyler v. Boles, 368 U.S. at 456 .

21980–1987
Yick Wo v. Hopkins green
scotus · 1886
1 sentence

1997Second, the party must establish that its selection was “deliberately based upon an unjustifiable standard such as race, religion or other arbitrary classification.” Id. (quoting State v. Kailua Auto Wreckers, Inc., 62 Haw. 222, 227 , 615 P.2d 730, 734-35 (1980)).

11997–1997
Mahiai v. Suwa green
haw · 1987
1 sentence

1994Second, he must show that his prosecution was “ ‘deliberately based upon an unjustifiable standard such as race, religion or other arbitrary classification.’ ” Id. (quoting Kailua Auto Wreckers, 62 Haw. at 227 , 615 P.2d at 734-35 ).

11994–1994
Snowden v. Hughes green
scotus · 1944
1 sentence

1980That party must *227 present sufficient evidence to establish the existence of intentional or purposeful discrimination, Snowden v. Hughes, 321 U.S. 1 (1944), 4 that is “deliberately based upon an unjustifiable standard such as race, religion or other arbitrary classification.” Oyler v. Boles, 368 U.S. at 456 .

11980–1980

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 1-16 (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

OH 40 (1976–2026) WA 27 (1973–2024) NC 25 (1975–2022) TX 23 (1997–2023) CA 23 (1967–2024) PA 20 (1970–2026) NE 16 (1898–2020) NJ 15 (1976–2022) MA 12 (1913–2025) GA 12 (1979–2019) MS 12 (1974–2017) CO 12 (1982–2026) MD 11 (1979–2006) WI 11 (1973–2025) CT 10 (1982–2021) MN 10 (1976–2007) TN 9 (1984–2017) NY 9 (1967–2001) AZ 9 (1975–1994) LA 8 (1976–2002) OK 7 (1979–2010) VA 7 (1984–2004) HI 7 (1980–2024) DE 7 (1980–2022) FL 7 (1991–2006) RI 7 (1980–2007) AL 7 (1977–2016) IA 7 (1871–2010) IL 7 (1976–2004) WY 7 (1990–2013) MI 6 (1983–2020) SD 6 (1978–2004) MO 6 (1980–2022) ME 5 (1978–1987) UT 5 (1988–2021) MT 5 (1978–1999) KS 4 (1969–2022) DC 4 (1975–2001) ID 4 (1984–1998) IN 3 (1981–2005) KY 3 (1979–2024) OR 3 (1980–2001) AR 3 (1993–2003) ND 2 (1988–2007) SC 2 (2004–2007) NV 2 (1970–2020)

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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