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5 Hawaii opinions name it 2 courts 2012–2022 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.
| Case | Followed | Cited |
|---|---|---|
State v. Cabagbaggreen2 sentences2022Gabriel relies on the holding in State v. Cabagbag, 127 Hawai#i 302, 277 P.3d 1027 (2012), that "in criminal cases, the circuit courts must give the jury a specific eyewitness identification instruction whenever identification evidence is a central issue in the case, and it is requested by the defendant, . . . [however,] a circuit court may, in the exercise of its discretion, give the instruction if it believes the instruction is otherwise warranted in a particular case[.]" Id. at 304, 277 P.3d at 1029 (emphases added) (footnote omitted). 2022Gabriel relies on the holding in State v. Cabagbag, 127 Hawai#i 302, 277 P.3d 1027 (2012), that "in criminal cases, the circuit courts must give the jury a specific eyewitness identification instruction whenever identification evidence is a central issue in the case, and it is requested by the defendant, . . . [however,] a circuit court may, in the exercise of its discretion, give the instruction if it believes the instruction is otherwise warranted in a particular case[.]" Id. at 304, 277 P.3d at 1029 (emphases added) (footnote omitted). | 3 | 4 |
Manson v. Brathwaitegreen1 sentence2022In Cabagbag, the Hawai#i Supreme Court considered the challenges associated with unreliable eyewitness identification testimony resulting in misidentification and the concern that "exclusion of 'reliable' eyewitness testimony might result in the 'guilty going free.'" 127 Hawai#i at 309-10, 277 P.3d at 1034 -35 (quoting Manson v. Brathwaite, 432 U.S. 98, 112 (1977)). | 1 | 1 |
State v. Okumuragreen2 sentences2012See Okumura, 78 Hawai'i at 405 , 894 P.2d at 80 . 2012See Okumura, 78 Hawai'i at 405 , 894 P.2d at 80 . | 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. Cabinatan.
green
2 sentences2022State v. Cabinatan, 132 Haw. 63 , 319 P.3d 1071 (Haw., 2014). 7 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Badiang relies on State v. Cabagbag, 127 Hawai#i 302, 277 P.3d 1027 (2012), for the Hawai#i Supreme Court's holding that: (1) in criminal cases, the circuit courts must give the jury a specific eyewitness identification instruction whenever identification evidence is a central issue in the case, and it is requested by the defendant, (2) a circuit court may, in the exercise of its discretion, give the instruction if it believes the instruction is otherwise warranted 2022State v. Cabinatan, 132 Haw. 63 , 319 P.3d 1071 (Haw., 2014). 7 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Badiang relies on State v. Cabagbag, 127 Hawai#i 302, 277 P.3d 1027 (2012), for the Hawai#i Supreme Court's holding that: (1) in criminal cases, the circuit courts must give the jury a specific eyewitness identification instruction whenever identification evidence is a central issue in the case, and it is requested by the defendant, (2) a circuit court may, in the exercise of its discretion, give the instruction if it believes the instruction is otherwise warranted | 1 | 2022–2022 |
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.