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6 Hawaii opinions name it 2 courts 1998–2024 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.
| Case | Followed | Cited |
|---|---|---|
Trustees of the Office of Hawaiian Affairs v. Yamasakigreen2 sentences2016Under the Baker test, a case involves a non-justiciable question if any of the following circumstances applies: (1) the issue is committed to another political department; (2) there is a lack of “judicially discoverable and manageable standards” for resolving the issue; (3) it is impossible to decide the issue without “an initial policy determination of a kind clearly for nonjudicial discretion”; (4) the court cannot independently resolve the issue without “expressing lack of respect due coordinate branches of government”; (6) the issue requires the “unusual need for unquestioning adherence to 2016Under the Baker test, a case involves a non-justiciable question if any of the following circumstances applies: (1) the issue is committed to another political department; (2) there is a lack of “judicially discoverable and manageable standards” for resolving the issue; (3) it is impossible to decide the issue without “an initial policy determination of a kind clearly for nonjudicial discretion”; (4) the court cannot independently resolve the issue without “expressing lack of respect due coordinate branches of government”; (6) the issue requires the “unusual need for unquestioning adherence to | 1 | 2 |
Korean Buddhist Dae Won Sa Temple v. Sullivangreen2 sentences2018See , e.g. , Korean Buddhist Dae Won Sa Temple of Haw. v. Sullivan , 87 Hawai'i 217 , 241, 953 P.2d 1315 , 1339 (1998) ("In conducting [an HRS § 91-14(g) ] review, this court must often employ a type of harmless error analysis to violations of HAPA.") V. 2018See , e.g. , Korean Buddhist Dae Won Sa Temple of Haw. v. Sullivan , 87 Hawai'i 217 , 241, 953 P.2d 1315 , 1339 (1998) ("In conducting [an HRS § 91-14(g) ] review, this court must often employ a type of harmless error analysis to violations of HAPA.") V. | 1 | 1 |
Abercrombie v. McClunggreen2 sentences2016ICA Appeal Baker filed a statement of jurisdiction with the ICA, asserting that the December 24, 2014 interlocutory order was an appealable final order to the extent it denied her defense of legislative immunity based on Abercrombie, 54 Haw. at 380-81 , 507 P.2d at 721-22 (denial of motion for summary judgment based on legislative immunity was final and appealable). 2016ICA Appeal Baker filed a statement of jurisdiction with the ICA, asserting that the December 24, 2014 interlocutory order was an appealable final order to the extent it denied her defense of legislative immunity based on Abercrombie, 54 Haw. at 380-81 , 507 P.2d at 721-22 (denial of motion for summary judgment based on legislative immunity was final and appealable). | 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. Radcliffe
green
2 sentences2017"The due process guarantee of a fair trial under the fourteenth amendment to the United States Constitution and article 1, section 14, of the Hawai'i Constitution confers upon the accused in criminal proceedings 'a meaningful opportunity to present a complete defense.' " State v. Pulse , 83 Hawai'i 229 , 246, 925 P.2d 797 , 814 (1996) (quoting State v. Matafeo , 71 Haw. 183 , 185, 787 P.2d 671 , 672 (1990) ), amended on reconsideration in part, 83 Hawai'i 545 , 928 P.2d 39 (1996). 2017"The due process guarantee of a fair trial under the fourteenth amendment to the United States Constitution and article 1, section 14, of the Hawai'i Constitution confers upon the accused in criminal proceedings 'a meaningful opportunity to present a complete defense.' " State v. Pulse , 83 Hawai'i 229 , 246, 925 P.2d 797 , 814 (1996) (quoting State v. Matafeo , 71 Haw. 183 , 185, 787 P.2d 671 , 672 (1990) ), amended on reconsideration in part, 83 Hawai'i 545 , 928 P.2d 39 (1996). | 1 | 2017–2017 |
State v. Pulse
green
2 sentences2017"The due process guarantee of a fair trial under the fourteenth amendment to the United States Constitution and article 1, section 14, of the Hawai'i Constitution confers upon the accused in criminal proceedings 'a meaningful opportunity to present a complete defense.' " State v. Pulse , 83 Hawai'i 229 , 246, 925 P.2d 797 , 814 (1996) (quoting State v. Matafeo , 71 Haw. 183 , 185, 787 P.2d 671 , 672 (1990) ), amended on reconsideration in part, 83 Hawai'i 545 , 928 P.2d 39 (1996). 2017"The due process guarantee of a fair trial under the fourteenth amendment to the United States Constitution and article 1, section 14, of the Hawai'i Constitution confers upon the accused in criminal proceedings 'a meaningful opportunity to present a complete defense.' " State v. Pulse , 83 Hawai'i 229 , 246, 925 P.2d 797 , 814 (1996) (quoting State v. Matafeo , 71 Haw. 183 , 185, 787 P.2d 671 , 672 (1990) ), amended on reconsideration in part, 83 Hawai'i 545 , 928 P.2d 39 (1996). | 1 | 2017–2017 |
State v. Matafeo
green
2 sentences2017"The due process guarantee of a fair trial under the fourteenth amendment to the United States Constitution and article 1, section 14, of the Hawai'i Constitution confers upon the accused in criminal proceedings 'a meaningful opportunity to present a complete defense.' " State v. Pulse , 83 Hawai'i 229 , 246, 925 P.2d 797 , 814 (1996) (quoting State v. Matafeo , 71 Haw. 183 , 185, 787 P.2d 671 , 672 (1990) ), amended on reconsideration in part, 83 Hawai'i 545 , 928 P.2d 39 (1996). 2017"The due process guarantee of a fair trial under the fourteenth amendment to the United States Constitution and article 1, section 14, of the Hawai'i Constitution confers upon the accused in criminal proceedings 'a meaningful opportunity to present a complete defense.' " State v. Pulse , 83 Hawai'i 229 , 246, 925 P.2d 797 , 814 (1996) (quoting State v. Matafeo , 71 Haw. 183 , 185, 787 P.2d 671 , 672 (1990) ), amended on reconsideration in part, 83 Hawai'i 545 , 928 P.2d 39 (1996). | 1 | 2017–2017 |
Nelson v. Hawaiian Homes Commission
green
2 sentences2016Under the Baker test, a case involves a non-justiciable question if any of the following circumstances applies: (1) the issue is committed to another political department; (2) there is a lack of “judicially discoverable and manageable standards” for resolving the issue; (3) it is impossible to decide the issue without “an initial policy determination of a kind clearly for nonjudicial discretion”; (4) the court cannot independently resolve the issue without “expressing lack of respect due coordinate branches of government”; (6) the issue requires the “unusual need for unquestioning adherence to 2016Under the Baker test, a case involves a non-justiciable question if any of the following circumstances applies: (1) the issue is committed to another political department; (2) there is a lack of “judicially discoverable and manageable standards” for resolving the issue; (3) it is impossible to decide the issue without “an initial policy determination of a kind clearly for nonjudicial discretion”; (4) the court cannot independently resolve the issue without “expressing lack of respect due coordinate branches of government”; (6) the issue requires the “unusual need for unquestioning adherence to | 1 | 2016–2016 |
Siangco v. Kasadate
green
2 sentences2016Cf. Siangco, 77 Hawai'i at 161 , 883 P.2d at 82 ; S. Ute Indian Tribe v. Amoco Prod. 2016Cf. Siangco, 77 Hawai'i at 161 , 883 P.2d at 82 ; S. Ute Indian Tribe v. Amoco Prod. | 1 | 2016–2016 |
State v. Bachman
green
2 sentences1998It was under these conditions, on May 21, 1979, that a unanimous Hawai'i Supreme Court — consisting of Chief Justice Richardson, Justices Ogata and Menor, Retired Justice Marumoto (who, seven years earlier, had joined the plurality opinion in Kantner), and Circuit Court Judge Kato— handed down a per curiam opinion in State v. Bachman, 61 Haw. 71 , 595 P.2d 287 (1979). 41 Like Malian and the Baker defendants (and, pursuant to the predecessor statute, the Kantner defendants before them), Bach-man was convicted of the knowing possession of marijuana in any amount, in violation of HRS § 712-1249(1 1998It was under these conditions, on May 21, 1979, that a unanimous Hawai'i Supreme Court — consisting of Chief Justice Richardson, Justices Ogata and Menor, Retired Justice Marumoto (who, seven years earlier, had joined the plurality opinion in Kantner), and Circuit Court Judge Kato— handed down a per curiam opinion in State v. Bachman, 61 Haw. 71 , 595 P.2d 287 (1979). 41 Like Malian and the Baker defendants (and, pursuant to the predecessor statute, the Kantner defendants before them), Bach-man was convicted of the knowing possession of marijuana in any amount, in violation of HRS § 712-1249(1 | 1 | 1998–1998 |
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.