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5 Hawaii opinions name it 2 courts 1976–2018 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 |
|---|---|---|
Johnson v. Zerbstgreen2 sentences2018"A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege." Reponte v. State , 57 Haw. 354 , 361, 556 P.2d 577 , 583 (1976) (emphasis added) (quoting Johnson v. Zerbst , 304 U.S. 458 , 464, 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938) ); accord State v. Friedman , 93 Hawai'i 63 , 68, 996 P.2d 268 , 273 (2000) ("A waiver is the knowing, intelligent, and voluntary relinquishment of a known right." (emphasis added) ); State v. Barros , 105 Hawai'i 160 , 168, 95 P.3d 14 , 22 (App. 2004) (same). 2018"A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege." Reponte v. State , 57 Haw. 354 , 361, 556 P.2d 577 , 583 (1976) (emphasis added) (quoting Johnson v. Zerbst , 304 U.S. 458 , 464, 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938) ); accord State v. Friedman , 93 Hawai'i 63 , 68, 996 P.2d 268 , 273 (2000) ("A waiver is the knowing, intelligent, and voluntary relinquishment of a known right." (emphasis added) ); State v. Barros , 105 Hawai'i 160 , 168, 95 P.3d 14 , 22 (App. 2004) (same). | 2 | 5 |
Reponte v. Stategreen2 sentences2018"A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege." Reponte v. State , 57 Haw. 354 , 361, 556 P.2d 577 , 583 (1976) (emphasis added) (quoting Johnson v. Zerbst , 304 U.S. 458 , 464, 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938) ); accord State v. Friedman , 93 Hawai'i 63 , 68, 996 P.2d 268 , 273 (2000) ("A waiver is the knowing, intelligent, and voluntary relinquishment of a known right." (emphasis added) ); State v. Barros , 105 Hawai'i 160 , 168, 95 P.3d 14 , 22 (App. 2004) (same). 2018"A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege." Reponte v. State , 57 Haw. 354 , 361, 556 P.2d 577 , 583 (1976) (emphasis added) (quoting Johnson v. Zerbst , 304 U.S. 458 , 464, 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938) ); accord State v. Friedman , 93 Hawai'i 63 , 68, 996 P.2d 268 , 273 (2000) ("A waiver is the knowing, intelligent, and voluntary relinquishment of a known right." (emphasis added) ); State v. Barros , 105 Hawai'i 160 , 168, 95 P.3d 14 , 22 (App. 2004) (same). | 2 | 3 |
State v. Friedmangreen2 sentences2018"A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege." Reponte v. State , 57 Haw. 354 , 361, 556 P.2d 577 , 583 (1976) (emphasis added) (quoting Johnson v. Zerbst , 304 U.S. 458 , 464, 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938) ); accord State v. Friedman , 93 Hawai'i 63 , 68, 996 P.2d 268 , 273 (2000) ("A waiver is the knowing, intelligent, and voluntary relinquishment of a known right." (emphasis added) ); State v. Barros , 105 Hawai'i 160 , 168, 95 P.3d 14 , 22 (App. 2004) (same). 2018"A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege." Reponte v. State , 57 Haw. 354 , 361, 556 P.2d 577 , 583 (1976) (emphasis added) (quoting Johnson v. Zerbst , 304 U.S. 458 , 464, 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938) ); accord State v. Friedman , 93 Hawai'i 63 , 68, 996 P.2d 268 , 273 (2000) ("A waiver is the knowing, intelligent, and voluntary relinquishment of a known right." (emphasis added) ); State v. Barros , 105 Hawai'i 160 , 168, 95 P.3d 14 , 22 (App. 2004) (same). | 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. Dicks
green
2 sentences1996“To determine whether a waiver” of the “fundamental right” to “adequate legal representation” was “voluntarily and intelligently undertaken, this court will look to the totality of [the] facts and circumstances of each particular case.” Vares, 71 Haw. at 621 , 801 P.2d at 557 -58 (citing Dicks, 57 Haw. at 48-49 , 549 P.2d at 729-30 ); see also Reponte, 57 Haw. at 361-62 , 556 P.2d at 583 (“ ‘A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege. 1996“To determine whether a waiver” of the “fundamental right” to “adequate legal representation” was “voluntarily and intelligently undertaken, this court will look to the totality of [the] facts and circumstances of each particular case.” Vares, 71 Haw. at 621 , 801 P.2d at 557 -58 (citing Dicks, 57 Haw. at 48-49 , 549 P.2d at 729-30 ); see also Reponte, 57 Haw. at 361-62 , 556 P.2d at 583 (“ ‘A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege. | 2 | 1976–1996 |
State v. Chow
green
2 sentences2018Because the record lacks any indication that Hernandez knew of his "right to speak before sentence is imposed," Chow , 77 Hawai'i at 246 , 883 P.2d at 668 (quoting Dawson, supra , at 52 n.83), it follows then that Hernandez could not have waived this right. 13 But even if HRPP Rule 43 is deemed to have excused the court from the allocution requirement of HRPP Rule 32(a), HRS § 706-604(1) separately requires that the court afford the defendant an opportunity to be heard prior to sentencing. 14 As noted, HRS § 706-604(1) states, "Before imposing sentence, the court shall afford a fair opportunit 2018Because the record lacks any indication that Hernandez knew of his "right to speak before sentence is imposed," Chow , 77 Hawai'i at 246 , 883 P.2d at 668 (quoting Dawson, supra , at 52 n.83), it follows then that Hernandez could not have waived this right. 13 But even if HRPP Rule 43 is deemed to have excused the court from the allocution requirement of HRPP Rule 32(a), HRS § 706-604(1) separately requires that the court afford the defendant an opportunity to be heard prior to sentencing. 14 As noted, HRS § 706-604(1) states, "Before imposing sentence, the court shall afford a fair opportunit | 1 | 2018–2018 |
State v. Barros
green
2 sentences2018"A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege." Reponte v. State , 57 Haw. 354 , 361, 556 P.2d 577 , 583 (1976) (emphasis added) (quoting Johnson v. Zerbst , 304 U.S. 458 , 464, 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938) ); accord State v. Friedman , 93 Hawai'i 63 , 68, 996 P.2d 268 , 273 (2000) ("A waiver is the knowing, intelligent, and voluntary relinquishment of a known right." (emphasis added) ); State v. Barros , 105 Hawai'i 160 , 168, 95 P.3d 14 , 22 (App. 2004) (same). 2018"A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege." Reponte v. State , 57 Haw. 354 , 361, 556 P.2d 577 , 583 (1976) (emphasis added) (quoting Johnson v. Zerbst , 304 U.S. 458 , 464, 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938) ); accord State v. Friedman , 93 Hawai'i 63 , 68, 996 P.2d 268 , 273 (2000) ("A waiver is the knowing, intelligent, and voluntary relinquishment of a known right." (emphasis added) ); State v. Barros , 105 Hawai'i 160 , 168, 95 P.3d 14 , 22 (App. 2004) (same). | 1 | 2018–2018 |
State v. Vares
green
2 sentences1996“To determine whether a waiver” of the “fundamental right” to “adequate legal representation” was “voluntarily and intelligently undertaken, this court will look to the totality of [the] facts and circumstances of each particular case.” Vares, 71 Haw. at 621 , 801 P.2d at 557 -58 (citing Dicks, 57 Haw. at 48-49 , 549 P.2d at 729-30 ); see also Reponte, 57 Haw. at 361-62 , 556 P.2d at 583 (“ ‘A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege. 1996“To determine whether a waiver” of the “fundamental right” to “adequate legal representation” was “voluntarily and intelligently undertaken, this court will look to the totality of [the] facts and circumstances of each particular case.” Vares, 71 Haw. at 621 , 801 P.2d at 557 -58 (citing Dicks, 57 Haw. at 48-49 , 549 P.2d at 729-30 ); see also Reponte, 57 Haw. at 361-62 , 556 P.2d at 583 (“ ‘A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege. | 1 | 1996–1996 |
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.