Hawaiian privilege (Hawaii) · Go Syfert
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Hawaiian privilege in Hawaii

5 Hawaii opinions name it 2 courts 1952–2026 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.

Followed or applied (2)

CaseFollowedCited
State v. Hanapigreen
haw · 1998 · cited in 2 Hawaii opinions naming this issue, 2012–2012
2 sentences

2012In the criminal context, one countervailing interest of particular importance, and explicitly stated in the constitutional provision, is “the right of the State to regulate such rights.” In the first ease examining the native Hawaiian privilege as a defense to a criminal conviction, State v. Hanapi, Alapai Hanapi was convicted of trespass after he entered his neighbor’s land to observe the restoration of the Kihaloko and Waihilahila fishponds. 89 Hawai'i 177, 178 , 970 P.2d 485, 486 (1998).

2012In the criminal context, one countervailing interest of particular importance, and explicitly stated in the constitutional provision, is "the right of the State to regulate such rights." In the first case examining the native Hawaiian privilege as a defense to a criminal conviction, State v. Hanapi , Alapai Hanapi was convicted of trespass after he entered his neighbor's land to observe the restoration of the Kihaloko and Waihilahila fishponds. 89 Hawai`i 177, 178, 970 P.2d 485, 486 (1998).

22
State v. Prattgreen
haw · 2012 · cited in 1 Hawaii opinions naming this issue, 2026–2026
2 sentences

2026App. Dec. 11, 2015) (mem. op.) (brackets omitted) (quoting State v. Pratt, 127 Hawaiʻi 206, 216, 277 P.3d 300, 310 (2012)).

2026App. Dec. 11, 2015) (mem. op.) (brackets omitted) (quoting State v. Pratt, 127 Hawaiʻi 206, 216, 277 P.3d 300, 310 (2012)).

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. Nesmith green
haw · 2012
1 sentence

2014Pratt, 127 Hawai'i at 216 , 277 P.3d at 310.

12014–2014
Northern Pacific Railway Co. v. Slaght green
scotus · 1907
1 sentence

1952(Northern Pacific Railway v. Slaght, 205 U. S. 122, 133 .) This type of case accounts for many of the decisions seemingly contrary to the federal and Hawaiian rule.

11952–1952

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 1-1 (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.

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