5 Hawaii opinions name it 2 courts 1980–2022 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 |
|---|---|---|
Nakamura v. Stategreen2 sentences2004See Nakamura v. State, 98 Hawai'i 263, 274-75 , 47 P.3d 730, 741-743 (2002) (Acoba, J., dissenting); In re Application of Kauai Elec. 2004See Nakamura v. State, 98 Hawai'i 263, 274-75 , 47 P.3d 730, 741-743 (2002) (Acoba, J., dissenting); In re Application of Kauai Elec. | 1 | 1 |
Carlos Garza De Luna v. United Statesgreen2 sentences1980Article I, Section 10 now reads in relevant part: “No person shall... be comp d in any criminal case to be a witness against oneself.” (Underscoring added) 6 De Luna v. United States, 308 F.2d 140, 144 (5th Cir. 1962) (footnotes omitted). 7 Id. 8 A capsulized version of the history of the privilege reads as follows: The maxim nemo tenetnr seipsnm acensare had its origin in a protest against the inquisitorial and manifestly unjust methods of interrogating accused persons which had long obtained in Continental Europe and which until the expulsion of the Stuarts from the English throne in 1688 an 1980Article I, Section 10 now reads in relevant part: “No person shall... be comp d in any criminal case to be a witness against oneself.” (Underscoring added) 6 De Luna v. United States, 308 F.2d 140, 144 (5th Cir. 1962) (footnotes omitted). 7 Id. 8 A capsulized version of the history of the privilege reads as follows: The maxim nemo tenetnr seipsnm acensare had its origin in a protest against the inquisitorial and manifestly unjust methods of interrogating accused persons which had long obtained in Continental Europe and which until the expulsion of the Stuarts from the English throne in 1688 an | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Moranz v. Harbor Mall, LLC.
green
1 sentence2022Moranz, 150 Hawaiʻi at 398, 502 P.3d at 499 ; see Ocean Resort Villas Vacation Owners Ass'n, 147 Hawaiʻi at 553, 465 P.3d at 1000. | 1 | 2022–2022 |
Urez Corp. v. Superior Court
green
1 sentence2012The supreme court adopted the reasoning of the California Court of Appeals in Urez, 235 Cal.Rptr. 837 , which opted for a narrow construction of the California lis pendens statute applicable to that case: In holding that the lis pendens should have been expunged, the California Court of Appeals reviewed the history of the doctrine of lis pendens and then turned to the complaint, observing that the claims for relief at issue were essentially a fraud action seeking money damages with additional allegations urged to support the equitable remedies of a constructive trust or an equitable lien. | 1 | 2012–2012 |
Alvarez Family Trust v. Association of Apartment Owners of the Kaanapali Alii
green
1 sentence2009The majority disagrees, averring "that the second factor of the plain error test weighs against plain error review if the resolution of an issue would not affect the integrity of the findings of fact[.]" Id. (emphases in original). | 1 | 2009–2009 |
Boyd v. United States
red
1 sentence1980Boyd v. United States, 116 U.S. 616, 634 . *283 Ullmann v. United States, supra, at 438-39 (footnote omitted). | 1 | 1980–1980 |
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.