extended term sentencing hearing (Hawaii) · Go Syfert
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extended term sentencing hearing in Hawaii

5 Hawaii opinions name it 2 courts 2003–2025 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 (8)

CaseFollowedCited
State v. Kamaegreen
haw · 1976 · cited in 3 Hawaii opinions naming this issue, 2003–2007
2 sentences

2007The former determination — i.e., that the defendant was a multiple offender — arose out of multiple felony convictions obtained by proof beyond a reasonable doubt in adjudicative proceedings, before a trier of fact, subject to criminal due process protections, while the latter determination — i.e., the necessity finding — entailed a traditional exercise of discretion by the sentencing judge, reviewable for abuse of discretion: It is settled that an extended term sentencing hearing is "a separate criminal proceeding apart from the trial of the underlying substantive offense," wherein "all relev

2007The former determination — i.e., that the defendant was a multiple offender — arose out of multiple felony convictions obtained by proof beyond a reasonable doubt in adjudicative proceedings, before a trier of fact, subject to criminal due process protections, while the latter determination — i.e., the necessity finding — entailed a traditional exercise of discretion by the sentencing judge, reviewable for abuse of discretion: It is settled that an extended term sentencing hearing is "a separate criminal proceeding apart from the trial of the underlying substantive offense," wherein "all relev

33
State v. Bringas.green
haw · 2021 · cited in 1 Hawaii opinions naming this issue, 2025–2025
2 sentences

2025Bringas, 149 Hawai #i at 443, 494 P.3d at 1176 (explaining "the requirement that an appellate court search for any reasonable way to reconcile a jury's verdicts serves to avoid speculation into the jury's confidential deliberations and to safeguard the result of those deliberations, if at all possible.") Id. (original brackets omitted); see Bringas, 149 Hawai#i at 442, 494 P.3d at 1175 ("[T]he court must first 'search for a reasonable way to read the verdicts as expressing a coherent view of the case, and must exhaust this effort' before it vacates the jury's verdict and remands the case for a

2025Bringas, 149 Hawai #i at 443, 494 P.3d at 1176 (explaining "the requirement that an appellate court search for any reasonable way to reconcile a jury's verdicts serves to avoid speculation into the jury's confidential deliberations and to safeguard the result of those deliberations, if at all possible.") Id. (original brackets omitted); see Bringas, 149 Hawai#i at 442, 494 P.3d at 1175 ("[T]he court must first 'search for a reasonable way to read the verdicts as expressing a coherent view of the case, and must exhaust this effort' before it vacates the jury's verdict and remands the case for a

11
Carr v. Strodegreen
haw · 1995 · cited in 1 Hawaii opinions naming this issue, 2025–2025
1 sentence

2025Bringas, 149 Hawai #i at 443, 494 P.3d at 1176 (explaining "the requirement that an appellate court search for any reasonable way to reconcile a jury's verdicts serves to avoid speculation into the jury's confidential deliberations and to safeguard the result of those deliberations, if at all possible.") Id. (original brackets omitted); see Bringas, 149 Hawai#i at 442, 494 P.3d at 1175 ("[T]he court must first 'search for a reasonable way to read the verdicts as expressing a coherent view of the case, and must exhaust this effort' before it vacates the jury's verdict and remands the case for a

11
Puckett v. United Statesgreen
scotus · 2009 · cited in 1 Hawaii opinions naming this issue, 2010–2010
1 sentence

2010See — U.S. at -, 129 S.Ct. at 1428 (concluding that the “plain-error test applies to a forfeited claim, like Puckett’s that the Government failed to meet its obligations under a plea agreement” (emphasis added)). 14 Like the federal courts, neither this court nor the ICA has ever declined to review a breach of a plea agreement on the basis that the government’s breach does not count as a “point of error.” See, e.g., State v. Chincio, 60 Haw. 104, 105 , 588 P.2d 408, 409 (1978) (addressing the breach and stating that “[a]ppellant has presented the point on this appeal that by requesting the ext

11
State v. Chinciogreen
haw · 1978 · cited in 1 Hawaii opinions naming this issue, 2010–2010
2 sentences

2010See — U.S. at -, 129 S.Ct. at 1428 (concluding that the “plain-error test applies to a forfeited claim, like Puckett’s that the Government failed to meet its obligations under a plea agreement” (emphasis added)). 14 Like the federal courts, neither this court nor the ICA has ever declined to review a breach of a plea agreement on the basis that the government’s breach does not count as a “point of error.” See, e.g., State v. Chincio, 60 Haw. 104, 105 , 588 P.2d 408, 409 (1978) (addressing the breach and stating that “[a]ppellant has presented the point on this appeal that by requesting the ext

2010See — U.S. at -, 129 S.Ct. at 1428 (concluding that the “plain-error test applies to a forfeited claim, like Puckett’s that the Government failed to meet its obligations under a plea agreement” (emphasis added)). 14 Like the federal courts, neither this court nor the ICA has ever declined to review a breach of a plea agreement on the basis that the government’s breach does not count as a “point of error.” See, e.g., State v. Chincio, 60 Haw. 104, 105 , 588 P.2d 408, 409 (1978) (addressing the breach and stating that “[a]ppellant has presented the point on this appeal that by requesting the ext

11
State v. Waiaugreen
haw · 1978 · cited in 1 Hawaii opinions naming this issue, 2010–2010
2 sentences

2010See — U.S. at -, 129 S.Ct. at 1428 (concluding that the “plain-error test applies to a forfeited claim, like Puckett’s that the Government failed to meet its obligations under a plea agreement” (emphasis added)). 14 Like the federal courts, neither this court nor the ICA has ever declined to review a breach of a plea agreement on the basis that the government’s breach does not count as a “point of error.” See, e.g., State v. Chincio, 60 Haw. 104, 105 , 588 P.2d 408, 409 (1978) (addressing the breach and stating that “[a]ppellant has presented the point on this appeal that by requesting the ext

2010See — U.S. at -, 129 S.Ct. at 1428 (concluding that the “plain-error test applies to a forfeited claim, like Puckett’s that the Government failed to meet its obligations under a plea agreement” (emphasis added)). 14 Like the federal courts, neither this court nor the ICA has ever declined to review a breach of a plea agreement on the basis that the government’s breach does not count as a “point of error.” See, e.g., State v. Chincio, 60 Haw. 104, 105 , 588 P.2d 408, 409 (1978) (addressing the breach and stating that “[a]ppellant has presented the point on this appeal that by requesting the ext

11
State v. Abbottgreen
hawapp · 1995 · cited in 1 Hawaii opinions naming this issue, 2010–2010
2 sentences

2010See — U.S. at -, 129 S.Ct. at 1428 (concluding that the “plain-error test applies to a forfeited claim, like Puckett’s that the Government failed to meet its obligations under a plea agreement” (emphasis added)). 14 Like the federal courts, neither this court nor the ICA has ever declined to review a breach of a plea agreement on the basis that the government’s breach does not count as a “point of error.” See, e.g., State v. Chincio, 60 Haw. 104, 105 , 588 P.2d 408, 409 (1978) (addressing the breach and stating that “[a]ppellant has presented the point on this appeal that by requesting the ext

2010See — U.S. at -, 129 S.Ct. at 1428 (concluding that the “plain-error test applies to a forfeited claim, like Puckett’s that the Government failed to meet its obligations under a plea agreement” (emphasis added)). 14 Like the federal courts, neither this court nor the ICA has ever declined to review a breach of a plea agreement on the basis that the government’s breach does not count as a “point of error.” See, e.g., State v. Chincio, 60 Haw. 104, 105 , 588 P.2d 408, 409 (1978) (addressing the breach and stating that “[a]ppellant has presented the point on this appeal that by requesting the ext

11
State v. Schaefergreen
hawapp · 2008 · cited in 1 Hawaii opinions naming this issue, 2010–2010
2 sentences

2010See — U.S. at -, 129 S.Ct. at 1428 (concluding that the “plain-error test applies to a forfeited claim, like Puckett’s that the Government failed to meet its obligations under a plea agreement” (emphasis added)). 14 Like the federal courts, neither this court nor the ICA has ever declined to review a breach of a plea agreement on the basis that the government’s breach does not count as a “point of error.” See, e.g., State v. Chincio, 60 Haw. 104, 105 , 588 P.2d 408, 409 (1978) (addressing the breach and stating that “[a]ppellant has presented the point on this appeal that by requesting the ext

2010See — U.S. at -, 129 S.Ct. at 1428 (concluding that the “plain-error test applies to a forfeited claim, like Puckett’s that the Government failed to meet its obligations under a plea agreement” (emphasis added)). 14 Like the federal courts, neither this court nor the ICA has ever declined to review a breach of a plea agreement on the basis that the government’s breach does not count as a “point of error.” See, e.g., State v. Chincio, 60 Haw. 104, 105 , 588 P.2d 408, 409 (1978) (addressing the breach and stating that “[a]ppellant has presented the point on this appeal that by requesting the ext

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
State v. Huelsman green
haw · 1978
2 sentences

2007In State v. Huelsman, 60 Haw. 71 , 588 P.2d 394 (1979), this court addressed the procedural protections to be accorded criminal defendants at an extended term sentencing hearing and announced a two-step process in which a sentencing court must engage in order to impose an extended term sentence.

2007In State v. Huelsman, 60 Haw. 71 , 588 P.2d 394 (1979), this court addressed the procedural protections to be accorded criminal defendants at an extended term sentencing hearing and announced a two-step process in which a sentencing court must engage in order to impose an extended term sentence.

22003–2007
State v. Kaua green
haw · 2003
2 sentences

2004"It is settled that an extended term sentencing hearing is `a separate criminal proceeding apart from the trial of the underlying substantive offense,' wherein `all relevant issues should be established by the state beyond a reasonable doubt.'" Kaua, 102 Hawai'i at 9 , 72 P.3d at 481 (quoting State v. Kamae, 56 Haw. 628, 635 , 548 P.2d 632, 637 (1976)).

2004"It is settled that an extended term sentencing hearing is `a separate criminal proceeding apart from the trial of the underlying substantive offense,' wherein `all relevant issues should be established by the state beyond a reasonable doubt.'" Kaua, 102 Hawai'i at 9 , 72 P.3d at 481 (quoting State v. Kamae, 56 Haw. 628, 635 , 548 P.2d 632, 637 (1976)).

12004–2004

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 706-606 (3) HI § Haw. Rev. Stat. § 706-661 (3) HI § Haw. Rev. Stat. § 706-662 (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

IL 5 (2001–2024) HI 5 (2003–2025)

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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