instruction on the statutory defense (Hawaii) · Go Syfert
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instruction on the statutory defense in Hawaii

6 Hawaii opinions name it 2 courts 2005–2014 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.

Followed or applied (2)

CaseFollowedCited
State v. Locquiaogreen
haw · 2002 · cited in 5 Hawaii opinions naming this issue, 2005–2013
2 sentences

2013The plurality noted that Locquiao held that “where a defendant has adduced evidence at trial supporting an instruction on the statutory defense of ignorance or mistake of fact, the trial court must, at the defendant’s request, separately instruct as to the defense, notwithstanding that the trial court has also instructed regarding the state of mind requisite to the charged offense.” 122 Hawai'i at 281 , 226 P.3d at 451 (citing Locquiao, 100 Hawai'i at 208 , 58 P.3d at 1255 ) (emphasis added).

2013The plurality noted that Locquiao held that “where a defendant has adduced evidence at trial supporting an instruction on the statutory defense of ignorance or mistake of fact, the trial court must, at the defendant’s request, separately instruct as to the defense, notwithstanding that the trial court has also instructed regarding the state of mind requisite to the charged offense.” 122 Hawai'i at 281 , 226 P.3d at 451 (citing Locquiao, 100 Hawai'i at 208 , 58 P.3d at 1255 ) (emphasis added).

15
State v. Taylor.green
haw · 2013 · cited in 1 Hawaii opinions naming this issue, 2014–2014
2 sentences

2014In Locquiao , we held that “ ‘where a defendant has adduced evidence at trial supporting an instruction on the statutory defense of ignorance or mistake of fact, the trial court must, at the defendant’s request, separately instruct as to the defense ... no matter how weak, inconclusive, or unsatisfactory the evidence [as to the defendant’s mistake of fact] may be.’ ” Id. at 202 , 307 P.3d at 1148 (alterations in original) (quoting Stenger, 122 Hawai'i at 281 , 226 P.3d at 451 ).

2014In Locquiao , we held that “ ‘where a defendant has adduced evidence at trial supporting an instruction on the statutory defense of ignorance or mistake of fact, the trial court must, at the defendant’s request, separately instruct as to the defense ... no matter how weak, inconclusive, or unsatisfactory the evidence [as to the defendant’s mistake of fact] may be.’ ” Id. at 202 , 307 P.3d at 1148 (alterations in original) (quoting Stenger, 122 Hawai'i at 281 , 226 P.3d at 451 ).

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 (1)

CaseCitedYears
State v. Stenger green
haw · 2010
2 sentences

2014In Locquiao , we held that “ ‘where a defendant has adduced evidence at trial supporting an instruction on the statutory defense of ignorance or mistake of fact, the trial court must, at the defendant’s request, separately instruct as to the defense ... no matter how weak, inconclusive, or unsatisfactory the evidence [as to the defendant’s mistake of fact] may be.’ ” Id. at 202 , 307 P.3d at 1148 (alterations in original) (quoting Stenger, 122 Hawai'i at 281 , 226 P.3d at 451 ).

2014In Locquiao , we held that “ ‘where a defendant has adduced evidence at trial supporting an instruction on the statutory defense of ignorance or mistake of fact, the trial court must, at the defendant’s request, separately instruct as to the defense ... no matter how weak, inconclusive, or unsatisfactory the evidence [as to the defendant’s mistake of fact] may be.’ ” Id. at 202 , 307 P.3d at 1148 (alterations in original) (quoting Stenger, 122 Hawai'i at 281 , 226 P.3d at 451 ).

32013–2014

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 701-115 (6) HI § Haw. Rev. Stat. § 702-218 (6) HI § Haw. Rev. Stat. § 702-205 (3) HI § Haw. Rev. Stat. § 708-800 (3) HI § Haw. Rev. Stat. § 708-830 (3) HI § Haw. Rev. Stat. § 708-831 (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

HI 6 (2005–2014) TX 5 (2009–2019) CT 2 (1986–1986) IL 2 (1968–1976) FL 2 (2004–2004)

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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