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5 Hawaii opinions name it 2 courts 1999–2025 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.
| Case | Followed | Cited |
|---|---|---|
State v. Visintin.green2 sentences2025The factors are related "and must be considered together with such circumstances as may be relevant." Id. (cleaned up). 12 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER "When a defendant's right to a speedy trial has been violated, the only remedy is dismissal with prejudice." Visintin, 143 Hawaiʻi at 157, 426 P.3d at 381 (citation omitted). 2021See Visintin, 143 Hawai#i at 157-58, 426 P.3d at 381-82 (disapproving of this appellate court's evaluation of the four Barker factors where the lower court had not stated any findings or conclusions as required by HRPP Rule 12(e) for a speedy trial motion, and the lower court had only relied on a HRPP Rule 48 motion in denying Visintin's motion to dismiss). | 2 | 2 |
State v. Whitegreen2 sentences2020"The four Barker factors are: (1) length of delay; (2) the reasons for the delay; (3) the defendant's assertion of his or her right to speedy trial; and (4) prejudice to the defendant." Id. at 201-02 , 990 P.2d at 99-100 (citation omitted). 2020"The four Barker factors are: (1) length of delay; (2) the reasons for the delay; (3) the defendant's assertion of his or her right to speedy trial; and (4) prejudice to the defendant." Id. at 201-02 , 990 P.2d at 99-100 (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Barker v. Wingo
green
2 sentences2025None of the four Barker factors "is to be regarded as either a necessary or sufficient condition to the finding of a deprivation of the right to a speedy trial." Id. (cleaned up). 2025The factors are related "and must be considered together with such circumstances as may be relevant." Id. (cleaned up). 12 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER "When a defendant's right to a speedy trial has been violated, the only remedy is dismissal with prejudice." Visintin, 143 Hawaiʻi at 157, 426 P.3d at 381 (citation omitted). | 2 | 1999–2025 |
State v. Visintin
green
1 sentence2018For example, regarding the second Barker factor, reasons for the delay, the ICA found that the State's proffered justifications-that the prosecutor was unavailable due to her trial schedule and that it was an election year-provided "a reasoned basis for the delay." Visintin , 142 Hawai'i at 141 , 414 P.3d at 193 . | 1 | 2018–2018 |
State v. Visintin.
green
1 sentence2018For example, regarding the second Barker factor, reasons for the delay, the ICA found that the State's proffered justifications-that the prosecutor was unavailable due to her trial schedule and that it was an election year-provided "a reasoned basis for the delay." Visintin , 142 Hawai'i at 141 , 414 P.3d at 193 . | 1 | 2018–2018 |
State v. Dwyer
green
1 sentence1999Id. (citing Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ). 1. | 1 | 1999–1999 |
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.