impermissible attack defense (Hawaii) · Go Syfert
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impermissible attack defense in Hawaii

5 Hawaii opinions name it 2 courts 2019–2026 3 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 (5)

CaseFollowedCited
State v. Underwood.green
haw · 2018 · cited in 3 Hawaii opinions naming this issue, 2020–2026
2 sentences

2021It undermines a trial’s fairness “because it is a strik[e] at the [defendant] over the shoulders of his counsel in an attempt to prejudice the jury against the [defendant].” State v. Underwood, 142 Hawaiʻi 317, 327, 418 P.3d 658, 668 (2018) (internal quotation marks and citation omitted); see also State v. Pasene, 144 Hawaiʻi 339, 370, 439 P.3d 864, 895 (2019) (“A prosecutor’s comment is clearly misconduct where it constitutes an impermissible attack on defense counsel’s integrity and operates to denigrate the legal profession in general.” (cleaned up)).

2020Although the prosecutor's assessment of defense counsel may have had a basis in the evidence, "[a] prosecutor's comment is clearly misconduct where it 'constitutes an impermissible attack on defense counsel's integrity' and 'operates to denigrate the legal profession in general.'" Pasene, 144 Hawai#i at 370, 439 P.3d at 895 (original brackets omitted) (quoting Klinge, 92 Hawai#i at 595, 994 P.2d at 527 ); see State v. Underwood, 142 Hawai#i 317, 327, 418 P.3d 658, 668 (2018) ("Insinuations that a criminal attorney's zealous defense of a client amounts to unethical behavior strike at the founda

33
State v. Pasene.green
haw · 2019 · cited in 3 Hawaii opinions naming this issue, 2020–2026
2 sentences

2026Stevens argues that the statements constituted personal attacks against defense counsel that were intended "to diminish counsel's credibility and to suggest to the jury that legitimate objections and argument were manipulative or insincere." The Hawai i Supreme Court has held that "a prosecutor's comment is clearly misconduct where it constitutes an impermissible attack on defense counsel's integrity and operates to denigrate the legal profession in general." State v. Pasene, 144 Hawai i 339, 370, 439 P.3d 864, 895 (2019) (cleaned up).

2026Stevens argues that the statements constituted personal attacks against defense counsel that were intended "to diminish counsel's credibility and to suggest to the jury that legitimate objections and argument were manipulative or insincere." The Hawai i Supreme Court has held that "a prosecutor's comment is clearly misconduct where it constitutes an impermissible attack on defense counsel's integrity and operates to denigrate the legal profession in general." State v. Pasene, 144 Hawai i 339, 370, 439 P.3d 864, 895 (2019) (cleaned up).

33
State v. Klingegreen
haw · 2000 · cited in 2 Hawaii opinions naming this issue, 2019–2020
2 sentences

2020Although the prosecutor's assessment of defense counsel may have had a basis in the evidence, "[a] prosecutor's comment is clearly misconduct where it 'constitutes an impermissible attack on defense counsel's integrity' and 'operates to denigrate the legal profession in general.'" Pasene, 144 Hawai#i at 370, 439 P.3d at 895 (original brackets omitted) (quoting Klinge, 92 Hawai#i at 595, 994 P.2d at 527 ); see State v. Underwood, 142 Hawai#i 317, 327, 418 P.3d 658, 668 (2018) ("Insinuations that a criminal attorney's zealous defense of a client amounts to unethical behavior strike at the founda

2020Although the prosecutor's assessment of defense counsel may have had a basis in the evidence, "[a] prosecutor's comment is clearly misconduct where it 'constitutes an impermissible attack on defense counsel's integrity' and 'operates to denigrate the legal profession in general.'" Pasene, 144 Hawai#i at 370, 439 P.3d at 895 (original brackets omitted) (quoting Klinge, 92 Hawai#i at 595, 994 P.2d at 527 ); see State v. Underwood, 142 Hawai#i 317, 327, 418 P.3d 658, 668 (2018) ("Insinuations that a criminal attorney's zealous defense of a client amounts to unethical behavior strike at the founda

12
State v. Riveira.green
haw · 2021 · cited in 1 Hawaii opinions naming this issue, 2026–2026
2 sentences

2026The supreme court has repeatedly ruled that "[i]mpugning defense counsel's principles is serious misconduct" and "undermines a trial's fairness because it is a strike at the defendant over the shoulders of his counsel in an attempt to prejudice the jury against the defendant." State v. Riveira, 149 Hawai i 427, 433, 494 P.3d 1160, 1166 (2021) (cleaned up) (quoting State v. Underwood, 142 Hawai i 317, 327, 418 P.3d 658, 668 (2018)).

2026The supreme court has repeatedly ruled that "[i]mpugning defense counsel's principles is serious misconduct" and "undermines a trial's fairness because it is a strike at the defendant over the shoulders of his counsel in an attempt to prejudice the jury against the defendant." State v. Riveira, 149 Hawai i 427, 433, 494 P.3d 1160, 1166 (2021) (cleaned up) (quoting State v. Underwood, 142 Hawai i 317, 327, 418 P.3d 658, 668 (2018)).

11
United States v. Theodore Linn, United States of America v. Philip Sturlin, United States of America v. Guy Sturlingreen
ca10 · 1994 · cited in 1 Hawaii opinions naming this issue, 2020–2020
1 sentence

2020Although the prosecutor's assessment of defense counsel may have had a basis in the evidence, "[a] prosecutor's comment is clearly misconduct where it 'constitutes an impermissible attack on defense counsel's integrity' and 'operates to denigrate the legal profession in general.'" Pasene, 144 Hawai#i at 370, 439 P.3d at 895 (original brackets omitted) (quoting Klinge, 92 Hawai#i at 595, 994 P.2d at 527 ); see State v. Underwood, 142 Hawai#i 317, 327, 418 P.3d 658, 668 (2018) ("Insinuations that a criminal attorney's zealous defense of a client amounts to unethical behavior strike at the founda

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 (1)

CaseCitedYears
State v. Cardona. ICA s.d.o., filed 02/06/2024 [ada], 153 Haw. 579. Application for Writ of Certiorari, filed 03/25/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 05/07/2024 [ada]. green
haw · 2024
2 sentences

2026As to the second prosecutorial misconduct contention, Puerto asserts: "[t]he prosecutor's argument of 'Entrapment, [r]rreeeaaalllyyy' amounted to misconduct and an impermissible attack of defense counsel's character/credulity [sic]." Citing State v. Cardona, 155 Hawaiʻi 23, 556 P.3d 369 (2024), Puerto argues that the prosecutor's rebuttal, which started with "Entrapment, rrreeeaaalllyyy?" constituted prosecutorial misconduct because "such commentary by the prosecutor served only to challenge [Puerto's] credibility." We note that Puerto's claim that the words were stated "with an exaggerated to

2026As to the second prosecutorial misconduct contention, Puerto asserts: "[t]he prosecutor's argument of 'Entrapment, [r]rreeeaaalllyyy' amounted to misconduct and an impermissible attack of defense counsel's character/credulity [sic]." Citing State v. Cardona, 155 Hawaiʻi 23, 556 P.3d 369 (2024), Puerto argues that the prosecutor's rebuttal, which started with "Entrapment, rrreeeaaalllyyy?" constituted prosecutorial misconduct because "such commentary by the prosecutor served only to challenge [Puerto's] credibility." We note that Puerto's claim that the words were stated "with an exaggerated to

12026–2026

Where else courts name it

IL 5 (2000–2026) HI 5 (2019–2026) FL 3 (1998–2015) UT 2 (2013–2020)

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.

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