5 Hawaii opinions name it 2 courts 2009–2026 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.
| Case | Followed | Cited |
|---|---|---|
Kamaunu v. Kaaeagreen1 sentence2026See Kamaunu, 99 Hawaiʻi at 444, 56 P.3d at 746 (concluding the first two factors weighed against default where trial was still required despite default). | 1 | 1 |
State v. Pembertongreen2 sentences2019Additionally, "the fact that defense counsel was repeatedly forced to object and the court repeatedly forced to sustain those objections and to issue cautionary instructions is likely to have had the ... effect of focusing the jury's attention on that evidence and the fact that it was being suppressed." Pemberton , 71 Haw. at 476 , 796 P.2d at 85 (citation omitted). 15 As such, with regard to the first two factors in our analysis of prosecutorial misconduct, we conclude the circuit court's efforts were insufficient to eliminate the prejudicial effect of the DPA's improper conduct. a. 2019Additionally, "the fact that defense counsel was repeatedly forced to object and the court repeatedly forced to sustain those objections and to issue cautionary instructions is likely to have had the ... effect of focusing the jury's attention on that evidence and the fact that it was being suppressed." Pemberton , 71 Haw. at 476 , 796 P.2d at 85 (citation omitted). 15 As such, with regard to the first two factors in our analysis of prosecutorial misconduct, we conclude the circuit court's efforts were insufficient to eliminate the prejudicial effect of the DPA's improper conduct. a. | 1 | 1 |
State v. Hicksgreen2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 1 | 1 |
Association of Apartment Owners of Wailea Elua v. Wailea Resort Co.green2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 1 | 1 |
Hong v. Konggreen2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 1 | 1 |
Cabral v. McBryde Sugar Co., Ltd.green2 sentences2009Thus, as in Fujioka and Jorgensen, in this case, on appeal from a summary judgment motion, the first two factors weigh in favor of plain error review, inasmuch as "[n]o *483 additional facts are necessary" and "consideration... will not affect the integrity of any findings of fact[.]" See id; see also Cabral v. McBryde Sugar Co., 3 Haw.App. 223, 226-27 , 647 P.2d 1232, 1234 (1982) (addressing issue of whether the defendant was strictly liable for damages, raised for the first time on appeal, because resolution of the issue by this court would not "affect the integrity of the findings of fact") 2009Thus, as in Fujioka and Jorgensen, in this case, on appeal from a summary judgment motion, the first two factors weigh in favor of plain error review, inasmuch as "[n]o *483 additional facts are necessary" and "consideration... will not affect the integrity of any findings of fact[.]" See id; see also Cabral v. McBryde Sugar Co., 3 Haw.App. 223, 226-27 , 647 P.2d 1232, 1234 (1982) (addressing issue of whether the defendant was strictly liable for damages, raised for the first time on appeal, because resolution of the issue by this court would not "affect the integrity of the findings of fact") | 1 | 1 |
Paul v. DEPARTMENT OF TRANSP., STATEgreen2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 1 | 1 |
Right to Know Committee v. City Councilgreen2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 1 | 1 |
In Re Waikoloa Sanitary Sewer Co., Inc.green2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 1 | 1 |
State v. Kapelagreen2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 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. Nofoa.
green
1 sentence2020Under the third factor, the strength of the evidence, an error is harmful when “there is a reasonable possibility that the error complained of might have contributed to the conviction.” State v. Pauline, 100 Hawai‘i 356, 378, 60 P.3d 12 The trial court sustained four objections to the prosecutor’s improper statements to the jury, but in only two instances struck the evidence and instructed the jury to “disregard the last remark by the attorney[.]” 25 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** 306, 328 (2002) (citations and internal quotation omitted); Nofoa, 135 Haw | 1 | 2020–2020 |
State v. Underwood.
green
2 sentences2019Under the first factor, we consider "the nature of the challenged conduct in relation to our criminal justice system generally and the special role of the prosecutor specifically." State v. Underwood , 142 Hawai'i 317 , 325, 418 P.3d 658 , 666 (citing Rogan , 91 Hawai'i at 412 -15 , 984 P.2d at 1238-41 ). 2019Under the first factor, we consider "the nature of the challenged conduct in relation to our criminal justice system generally and the special role of the prosecutor specifically." State v. Underwood , 142 Hawai'i 317 , 325, 418 P.3d 658 , 666 (citing Rogan , 91 Hawai'i at 412 -15 , 984 P.2d at 1238-41 ). | 1 | 2019–2019 |
State v. Rogan
green
2 sentences2019Under the first factor, we consider "the nature of the challenged conduct in relation to our criminal justice system generally and the special role of the prosecutor specifically." State v. Underwood , 142 Hawai'i 317 , 325, 418 P.3d 658 , 666 (citing Rogan , 91 Hawai'i at 412 -15 , 984 P.2d at 1238-41 ). 2019Under the first factor, we consider "the nature of the challenged conduct in relation to our criminal justice system generally and the special role of the prosecutor specifically." State v. Underwood , 142 Hawai'i 317 , 325, 418 P.3d 658 , 666 (citing Rogan , 91 Hawai'i at 412 -15 , 984 P.2d at 1238-41 ). | 1 | 2019–2019 |
State v. Simpson
green
2 sentences2019The State's Opening Statement "An opening statement merely provides an opportunity for counsel to advise an outline for the jury, the facts and questions in the matter before them." State v. Simpson , 64 Haw. 363 , 369, 641 P.2d 320 , 324 (1982) (citations omitted). 2019The State's Opening Statement "An opening statement merely provides an opportunity for counsel to advise an outline for the jury, the facts and questions in the matter before them." State v. Simpson , 64 Haw. 363 , 369, 641 P.2d 320 , 324 (1982) (citations omitted). | 1 | 2019–2019 |
State v. Maluia
green
1 sentence2019Maluia, 107 Hawaiʻi at 25-26, 108 P.3d at 979-80 . | 1 | 2019–2019 |
Shanghai Inv. Co., Inc. v. Alteka Co., Ltd.
green
2 sentences2009Despite the above precedent, the majority argues to the contrary, [7] citing to Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994), Shanghai Investment Co. v. Alteka Co., 92 Hawai'i 482 , 993 P.2d 516 (2000), overruled on other grounds by Blair v. Ing, 96 Hawai'i 327 , 31 P.3d 184 (2001), Office of Hawaiian Affairs v. State, 96 Hawai'i 388 , 31 P.3d 901 (2001) [hereinafter OHA ], and Hill , in support of its position. 2009Despite the above precedent, the majority argues to the contrary, [7] citing to Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994), Shanghai Investment Co. v. Alteka Co., 92 Hawai'i 482 , 993 P.2d 516 (2000), overruled on other grounds by Blair v. Ing, 96 Hawai'i 327 , 31 P.3d 184 (2001), Office of Hawaiian Affairs v. State, 96 Hawai'i 388 , 31 P.3d 901 (2001) [hereinafter OHA ], and Hill , in support of its position. | 1 | 2009–2009 |
Birmingham v. Fodor's Travel Publications, Inc.
green
2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 1 | 2009–2009 |
Montalvo v. Lapez
green
2 sentences2009Despite the above precedent, the majority argues to the contrary, [7] citing to Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994), Shanghai Investment Co. v. Alteka Co., 92 Hawai'i 482 , 993 P.2d 516 (2000), overruled on other grounds by Blair v. Ing, 96 Hawai'i 327 , 31 P.3d 184 (2001), Office of Hawaiian Affairs v. State, 96 Hawai'i 388 , 31 P.3d 901 (2001) [hereinafter OHA ], and Hill , in support of its position. 2009Despite the above precedent, the majority argues to the contrary, [7] citing to Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994), Shanghai Investment Co. v. Alteka Co., 92 Hawai'i 482 , 993 P.2d 516 (2000), overruled on other grounds by Blair v. Ing, 96 Hawai'i 327 , 31 P.3d 184 (2001), Office of Hawaiian Affairs v. State, 96 Hawai'i 388 , 31 P.3d 901 (2001) [hereinafter OHA ], and Hill , in support of its position. | 1 | 2009–2009 |
Fujioka Ex Rel. Fujioka v. Kam
green
2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 1 | 2009–2009 |
Earl M. Jorgensen Co. v. Mark Construction, Inc.
green
2 sentences2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect 2009Furthermore, contrary to the majority's claim regarding this court's "inconsistent[] application]" of the second factor, this court, along with the ICA, and even other courts, has in fact consistently applied the second factor, as it was set forth in Hawaiian Land Co. See, e.g., Paul v. Dep't of Transp., State of Hawai'i 115 Hawai'i 416, 428 , 168 P.3d 546, 558 (2007) (concluding that the first two factors were met, but the third was not, stating that "[the petitioner's] argument ... does not necessitate any additional fact-finding on this court's part, and our resolution of it will not affect | 1 | 2009–2009 |
Office of Hawaiian Affairs v. State
green
2 sentences2009Despite the above precedent, the majority argues to the contrary, [7] citing to Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994), Shanghai Investment Co. v. Alteka Co., 92 Hawai'i 482 , 993 P.2d 516 (2000), overruled on other grounds by Blair v. Ing, 96 Hawai'i 327 , 31 P.3d 184 (2001), Office of Hawaiian Affairs v. State, 96 Hawai'i 388 , 31 P.3d 901 (2001) [hereinafter OHA ], and Hill , in support of its position. 2009Despite the above precedent, the majority argues to the contrary, [7] citing to Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994), Shanghai Investment Co. v. Alteka Co., 92 Hawai'i 482 , 993 P.2d 516 (2000), overruled on other grounds by Blair v. Ing, 96 Hawai'i 327 , 31 P.3d 184 (2001), Office of Hawaiian Affairs v. State, 96 Hawai'i 388 , 31 P.3d 901 (2001) [hereinafter OHA ], and Hill , in support of its position. | 1 | 2009–2009 |
Blair v. Ing
green
2 sentences2009Despite the above precedent, the majority argues to the contrary, [7] citing to Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994), Shanghai Investment Co. v. Alteka Co., 92 Hawai'i 482 , 993 P.2d 516 (2000), overruled on other grounds by Blair v. Ing, 96 Hawai'i 327 , 31 P.3d 184 (2001), Office of Hawaiian Affairs v. State, 96 Hawai'i 388 , 31 P.3d 901 (2001) [hereinafter OHA ], and Hill , in support of its position. 2009Despite the above precedent, the majority argues to the contrary, [7] citing to Montalvo v. Lapez, 77 Hawai'i 282 , 884 P.2d 345 (1994), Shanghai Investment Co. v. Alteka Co., 92 Hawai'i 482 , 993 P.2d 516 (2000), overruled on other grounds by Blair v. Ing, 96 Hawai'i 327 , 31 P.3d 184 (2001), Office of Hawaiian Affairs v. State, 96 Hawai'i 388 , 31 P.3d 901 (2001) [hereinafter OHA ], and Hill , in support of its position. | 1 | 2009–2009 |
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.