5 Hawaii opinions name it 1 courts 2001–2020 0 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 |
|---|---|---|
McDevitt v. Guenthergreen1 sentence2020Citing to federal case law that “a cause of action for unlawful business practices accrues upon occurrence of alleged violation, rather than when plaintiff discovers the violation[,]” the ICA concluded the Malabes’ cause of action 14 See supra note 12. 13 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** accrued on or about December 17, 2010, when the AOAO “‘collect[ed] [the] debt,’ i.e., conducted the foreclosure sale and submitted the winning bid to purchase the Apartment.” Malabe, SDO at 8 (alterations in original) (citing McDevitt v. Guenther, 522 F. Supp. 2d 1272, 128 | 1 | 1 |
Island Directory Co. v. Iva's Kinimaka Enterprises, Inc.green1 sentence2020App. 15, 21-22 , 859 P.2d 935, 939 (1993) (holding that statements that constitute the offer, acceptance, or terms of a contract are not hearsay because the making of such (continued. . .) 26 ***FOR PUBLICATION IN WEST’S HAWAII REPORTS AND PACIFIC REPORTER*** In its review of Salavea’s contention that her counsel provided ineffective assistance, the ICA concluded that defense counsel made a strategic decision not to inquire about the CW’s drug use at the time of the incident to avoid opening the door to evidence of Salavea’s past drug use. | 1 | 1 |
State v. Westgreen1 sentence2001The ICA further concluded that “the prosecutor’s misconduct [was] not a basis for vacating West’s convictions” and that “various other points on appeal [were] without merit.” Id. at 502, 503 , 24 P.3d at 698, 699 . | 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. Kauhane
green
1 sentence2019Specifically, the ICA concluded that defense counsel’s statement to the jury – that “the only way to judge the vastness of the harm to Kauhane was to walk in [his] shoes” – was improper for the purposes of the choice-of-evils defense because it failed to incorporate a reasonable person standard.11 Kauhane, 144 Hawai i at 122, 436 P.3d at 1205 (citing Maumalanga, 90 Hawai i at 58, 976 P.2d at 372 ). | 1 | 2019–2019 |
State v. Maumalanga
green
1 sentence2019Specifically, the ICA concluded that defense counsel’s statement to the jury – that “the only way to judge the vastness of the harm to Kauhane was to walk in [his] shoes” – was improper for the purposes of the choice-of-evils defense because it failed to incorporate a reasonable person standard.11 Kauhane, 144 Hawai i at 122, 436 P.3d at 1205 (citing Maumalanga, 90 Hawai i at 58, 976 P.2d at 372 ). | 1 | 2019–2019 |
State v. Mark
green
2 sentences2010Moreover, the ICA concluded that clause (b) of paragraph 7 was not erroneous, because it “referred to the threat to the third party, and the instruction advises the jury that the defendant must retreat only if he or she can avoid ‘the necessity of such force with complete safety’ of that third party.” Id. at 526 , 210 P.3d at 49 . 2010Moreover, the ICA concluded that clause (b) of paragraph 7 was not erroneous, because it “referred to the threat to the third party, and the instruction advises the jury that the defendant must retreat only if he or she can avoid ‘the necessity of such force with complete safety’ of that third party.” Id. at 526 , 210 P.3d at 49 . | 1 | 2010–2010 |