assessment claim (Hawaii) · Go Syfert
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assessment claim in Hawaii

5 Hawaii opinions name it 2 courts 2007–2025 2 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 (7)

CaseFollowedCited
State v. Maluiagreen
haw · 2005 · cited in 1 Hawaii opinions naming this issue, 2024–2024
1 sentence

2024We further hold, however, that the deputy prosecuting attorney (DPA) committed prosecutorial misconduct4/ during his closing argument, when he argued to the jury that Willis was (...continued) be, constitutes a substantial step in a course of conduct intended to culminate in the person's commission of the crime. 3/ HRS § 707-701.5 (Supp. 2018) states, in pertinent part: Murder in the second degree. (1) Except as provided in section 707-701, a person commits the offense of murder in the second degree if the person intentionally or knowingly causes the death of another person; provided that this

11
United States v. Theodore Linn, United States of America v. Philip Sturlin, United States of America v. Guy Sturlingreen
ca10 · 1994 · cited in 1 Hawaii opinions naming this issue, 2020–2020
1 sentence

2020Although the prosecutor's assessment of defense counsel may have had a basis in the evidence, "[a] prosecutor's comment is clearly misconduct where it 'constitutes an impermissible attack on defense counsel's integrity' and 'operates to denigrate the legal profession in general.'" Pasene, 144 Hawai#i at 370, 439 P.3d at 895 (original brackets omitted) (quoting Klinge, 92 Hawai#i at 595, 994 P.2d at 527 ); see State v. Underwood, 142 Hawai#i 317, 327, 418 P.3d 658, 668 (2018) ("Insinuations that a criminal attorney's zealous defense of a client amounts to unethical behavior strike at the founda

11
State v. Underwood.green
haw · 2018 · cited in 1 Hawaii opinions naming this issue, 2020–2020
1 sentence

2020Although the prosecutor's assessment of defense counsel may have had a basis in the evidence, "[a] prosecutor's comment is clearly misconduct where it 'constitutes an impermissible attack on defense counsel's integrity' and 'operates to denigrate the legal profession in general.'" Pasene, 144 Hawai#i at 370, 439 P.3d at 895 (original brackets omitted) (quoting Klinge, 92 Hawai#i at 595, 994 P.2d at 527 ); see State v. Underwood, 142 Hawai#i 317, 327, 418 P.3d 658, 668 (2018) ("Insinuations that a criminal attorney's zealous defense of a client amounts to unethical behavior strike at the founda

11
State v. Klingegreen
haw · 2000 · cited in 1 Hawaii opinions naming this issue, 2020–2020
2 sentences

2020Although the prosecutor's assessment of defense counsel may have had a basis in the evidence, "[a] prosecutor's comment is clearly misconduct where it 'constitutes an impermissible attack on defense counsel's integrity' and 'operates to denigrate the legal profession in general.'" Pasene, 144 Hawai#i at 370, 439 P.3d at 895 (original brackets omitted) (quoting Klinge, 92 Hawai#i at 595, 994 P.2d at 527 ); see State v. Underwood, 142 Hawai#i 317, 327, 418 P.3d 658, 668 (2018) ("Insinuations that a criminal attorney's zealous defense of a client amounts to unethical behavior strike at the founda

2020Although the prosecutor's assessment of defense counsel may have had a basis in the evidence, "[a] prosecutor's comment is clearly misconduct where it 'constitutes an impermissible attack on defense counsel's integrity' and 'operates to denigrate the legal profession in general.'" Pasene, 144 Hawai#i at 370, 439 P.3d at 895 (original brackets omitted) (quoting Klinge, 92 Hawai#i at 595, 994 P.2d at 527 ); see State v. Underwood, 142 Hawai#i 317, 327, 418 P.3d 658, 668 (2018) ("Insinuations that a criminal attorney's zealous defense of a client amounts to unethical behavior strike at the founda

11
State v. Pasene.green
haw · 2019 · cited in 1 Hawaii opinions naming this issue, 2020–2020
1 sentence

2020Although the prosecutor's assessment of defense counsel may have had a basis in the evidence, "[a] prosecutor's comment is clearly misconduct where it 'constitutes an impermissible attack on defense counsel's integrity' and 'operates to denigrate the legal profession in general.'" Pasene, 144 Hawai#i at 370, 439 P.3d at 895 (original brackets omitted) (quoting Klinge, 92 Hawai#i at 595, 994 P.2d at 527 ); see State v. Underwood, 142 Hawai#i 317, 327, 418 P.3d 658, 668 (2018) ("Insinuations that a criminal attorney's zealous defense of a client amounts to unethical behavior strike at the founda

11
State v. Holbrongreen
haw · 1995 · cited in 1 Hawaii opinions naming this issue, 2017–2017
2 sentences

2017See Holbron, 80 Hawai'i at 32 , 904 P.2d at 917 (setting forth harmless error review standard).

2017See Holbron, 80 Hawai'i at 32 , 904 P.2d at 917 (setting forth harmless error review standard).

11
cluster 792667green
ca9 · 2005 · cited in 1 Hawaii opinions naming this issue, 2007–2007
2 sentences

2007The Ninth Circuit reasoned that, to conclude that plaintiffs must demonstrate that their settled claim had merit is inconsistent with the aim of compensation in fraud eases, which is to restore plaintiffs to the position they would be in absent the fraud and to provide plaintiffs with the benefit of the bargain, see Leibert, [ 71 Haw. at 288-90 ,] 788 P.2d at 836-37 , particularly as a party’s decision to settle is often made as a result of a cost-benefit analysis rather than an assessment of the claim’s merits. 431 F.3d at 367.

2007The Ninth Circuit reasoned that, to conclude that plaintiffs must demonstrate that their settled claim had merit is inconsistent with the aim of compensation in fraud cases, which is to restore plaintiffs to the position they would be in absent the fraud and to provide plaintiffs with the benefit of the bargain, see Leibert, [ 71 Haw. at 288-90 ,] 788 P.2d at 836-37 , particularly as a party's decision to settle is often made as a result of a cost-benefit analysis rather than an assessment of the claim's merits. 431 F.3d at 367.

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 (2)

CaseCitedYears
Tax Appeal of County of Maui v. KM HAW. green
haw · 1996
1 sentence

2025Inc., 81 Hawai‘i 248, 915 P.2d 1349 (1996).

12025–2025
Leibert v. Finance Factors, Ltd. green
haw · 1990
2 sentences

2007The Ninth Circuit reasoned that, to conclude that plaintiffs must demonstrate that their settled claim had merit is inconsistent with the aim of compensation in fraud cases, which is to restore plaintiffs to the position they would be in absent the fraud and to provide plaintiffs with the benefit of the bargain, see Leibert, [ 71 Haw. at 288-90 ,] 788 P.2d at 836-37 , particularly as a party's decision to settle is often made as a result of a cost-benefit analysis rather than an assessment of the claim's merits. 431 F.3d at 367.

2007The Ninth Circuit reasoned that, to conclude that plaintiffs must demonstrate that their settled claim had merit is inconsistent with the aim of compensation in fraud cases, which is to restore plaintiffs to the position they would be in absent the fraud and to provide plaintiffs with the benefit of the bargain, see Leibert, [ 71 Haw. at 288-90 ,] 788 P.2d at 836-37 , particularly as a party's decision to settle is often made as a result of a cost-benefit analysis rather than an assessment of the claim's merits. 431 F.3d at 367.

12007–2007

Where else courts name it

PA 53 (1902–2024) IL 33 (1869–2025) IN 29 (1910–2020) MA 25 (1979–2025) WA 24 (1914–2026) CA 22 (1886–2026) NY 20 (1897–2026) TX 12 (1931–2025) NJ 11 (1952–2026) MN 11 (1901–2016) FL 10 (1939–2012) LA 9 (1976–2016) WI 9 (1960–2018) OR 9 (1928–2025) MD 6 (1986–2019) GA 6 (2010–2024) HI 5 (2007–2025) CO 5 (2001–2026) NM 5 (1930–2015) RI 5 (1996–2011) MO 5 (1918–2012) IA 4 (1912–1995) ME 4 (1998–2010) UT 4 (1911–2025) MI 4 (1958–2017) CT 4 (1989–2024) OH 3 (1996–2025) VA 3 (1999–2018) DE 3 (1990–2025) AZ 3 (1997–2017) NC 3 (2003–2014) AK 2 (2014–2014) ND 2 (1896–1973) NE 2 (1993–2019) KY 2 (1997–2017) AL 2 (1953–1966)

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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