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5 Hawaii opinions name it 2 courts 1993–2010 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.
| Case | Followed | Cited |
|---|---|---|
State v. Hamalared2 sentences2001See State v. Hamala, 73 Haw. 289, 293 , 834 P.2d 275, 277 (1992), overruled on other grounds, State v. Rogan, 91 Hawai`i 405, 423 n. 10, 984 P.2d 1231 , 1249 n. 10 (1999). 2001See State v. Hamala, 73 Haw. 289, 293 , 834 P.2d 275, 277 (1992), overruled on other grounds, State v. Rogan, 91 Hawai`i 405, 423 n. 10, 984 P.2d 1231 , 1249 n. 10 (1999). | 1 | 3 |
State v. Jonesgreen2 sentences2010Jones, 96 Hawai'i at 184 n. 30, 29 P.3d at 374 n. 30 (stating that "retrial is not barred when the reviewing court reverses a case due to trial error, such as erroneous jury instructions”). 2010However, as noted previously, reversal was not required in Jones because it was “trial error” to instruct the jury as to the alternative means of ineffective consent, but “retrial is not barred when the reviewing court reverses a case due to trial error, such as erroneous jury instructions.” Id. (emphasis added). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Tucker
green
2 sentences1993State v. Hamala, 73 Haw. 289 , 834 P.2d 275 (1992). [2] In the instant case, we reversed Glenn's conviction for trial error, namely erroneous jury instructions and improper admission of evidence, State v. Tucker, ___ Haw.App. ___, 861 P.2d 24 (No. 15255, June 10, 1993) ( Tucker I ), and under Hamala , Glenn's reprosecution for trial error is constitutionally permissible. 1993State v. Hamala, 73 Haw. 289 , 834 P.2d 275 (1992). 2 In the instant case, we reversed Glenn’s conviction for trial error, namely erroneous jury instructions and improper admission of evidence, State v. Tucker, 10 Haw. | 2 | 1993–1993 |
State v. Kaupe
neutral
2 sentences2010In the instant case, the double jeopardy concerns arise inasmuch as Petitioner could be retried for an act for which the jury might have acquitted him. [15] The majority avers that the instant case cannot be distinguished from Jones, because in Jones, "there was no basis by which to confirm the jury's verdict as to each alternative means[,]" but this court "nevertheless remanded the defendant's case for retrial on the alternative means that was supported by sufficient evidence[,]" majority opinion at ___ n. 11, 237 P.3d at 1126 n. 11 (citing Jones, 96 Hawai'i at 184 , 29 P.3d at 374 ). 2010Jones, 96 Hawai'i at 184 n. 30, 29 P.3d at 374 n. 30 (stating that "retrial is not barred when the reviewing court reverses a case due to trial error, such as erroneous jury instructions"). | 1 | 2010–2010 |
State v. Kalaola
green
1 sentence2010In the instant case, the double jeopardy concerns arise inasmuch as Petitioner could be retried for an act for which the jury might have acquitted him. [15] The majority avers that the instant case cannot be distinguished from Jones, because in Jones, "there was no basis by which to confirm the jury's verdict as to each alternative means[,]" but this court "nevertheless remanded the defendant's case for retrial on the alternative means that was supported by sufficient evidence[,]" majority opinion at ___ n. 11, 237 P.3d at 1126 n. 11 (citing Jones, 96 Hawai'i at 184 , 29 P.3d at 374 ). | 1 | 2010–2010 |
State v. Rogan
green
2 sentences2001See State v. Hamala, 73 Haw. 289, 293 , 834 P.2d 275, 277 (1992), overruled on other grounds, State v. Rogan, 91 Hawai'i 405 , 423 n. 10, 984 P.2d 1231 , 1249 n. 10 (1999). 2001See State v. Hamala, 73 Haw. 289, 293 , 834 P.2d 275, 277 (1992), overruled on other grounds, State v. Rogan, 91 Hawai`i 405, 423 n. 10, 984 P.2d 1231 , 1249 n. 10 (1999). | 1 | 2001–2001 |