Ohio rule (Hawaii) · Go Syfert
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Ohio rule in Hawaii

5 Hawaii opinions name it 2 courts 1964–2019 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.

Followed or applied (2)

CaseFollowedCited
Moreno v. Superior Courtgreen
calctapp · 1978 · cited in 1 Hawaii opinions naming this issue, 2019–2019
1 sentence

2019See Moreno v. Superior Court , 146 Cal.Rptr. 35 , 36 (App. 1978) ("The statute makes it clear that a criminal defendant has a right to a hearing before trial to determine the validity of a search and seizure; it is not a matter of judicial discretion."). 9 Similar to Ohio's rule, HRPP Rule 12(e) "does not vest the trial court with any discretion as to when [motions to suppress] are to be determined." Litten , 884 N.E.2d at 658 .

11
McDonald v. Pricegreen
· 1915 · cited in 1 Hawaii opinions naming this issue, 1964–1964
2 sentences

1964Walton v. Hermann, 63 Ohio 440 , 59 N.E. 104 , and Altschul v. City of Springfield, 48 Ohio App. 356 , 193 N.E. 788 , holding that a statute providing for award to the “lowest and best bidder” confers discretion) : McDonald v. Price, 45 Utah 464 , 146 Pac. 550, 552 (“highest responsible bidder” means “the bidder who will pay the highest amount of rent or render the greatest amount of service under the terms and conditions proposed”) ; Donna Independent School Dist. v. First State Bank, 227 S.W. 974 (Tex. Civ.

1964Walton v. Hermann, 63 Ohio 440 , 59 N.E. 104 , and Altschul v. City of Springfield, 48 Ohio App. 356 , 193 N.E. 788 , holding that a statute providing for award to the “lowest and best bidder” confers discretion) : McDonald v. Price, 45 Utah 464 , 146 Pac. 550, 552 (“highest responsible bidder” means “the bidder who will pay the highest amount of rent or render the greatest amount of service under the terms and conditions proposed”) ; Donna Independent School Dist. v. First State Bank, 227 S.W. 974 (Tex. Civ.

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 (8)

CaseCitedYears
State v. Litten green
ohioctapp · 2008
1 sentence

2019See Moreno v. Superior Court , 146 Cal.Rptr. 35 , 36 (App. 1978) ("The statute makes it clear that a criminal defendant has a right to a hearing before trial to determine the validity of a search and seizure; it is not a matter of judicial discretion."). 9 Similar to Ohio's rule, HRPP Rule 12(e) "does not vest the trial court with any discretion as to when [motions to suppress] are to be determined." Litten , 884 N.E.2d at 658 .

12019–2019
State ex rel. Hartco, Inc. v. Indus. Comm. green
ohio · 1988
2 sentences

1999Like the Ohio rule, HRE Rule 802.1 requires, as a prerequisite to admission of any prior statement by a witness, that the witness who made the prior statement "testify at trial.” 22 .The appellate court in State v. Woods, 48 Ohio App.3d 1 , 548 N.E.2d 954, 958 , cause dismissed, 38 Ohio St.3d 715 , 533 N.E.2d 783 (1988), compared the “past recollection recorded” and "present recollection refreshed” exceptions and determined that the grand jury testimony of Meister, who had previously been incarcerated with Woods, the defendant, could not be elicited under the present recollection refreshed exc

1999Like the Ohio rule, HRE Rule 802.1 requires, as a prerequisite to admission of any prior statement by a witness, that the witness who made the prior statement "testify at trial.” 22 .The appellate court in State v. Woods, 48 Ohio App.3d 1 , 548 N.E.2d 954, 958 , cause dismissed, 38 Ohio St.3d 715 , 533 N.E.2d 783 (1988), compared the “past recollection recorded” and "present recollection refreshed” exceptions and determined that the grand jury testimony of Meister, who had previously been incarcerated with Woods, the defendant, could not be elicited under the present recollection refreshed exc

11999–1999
State v. Woods green
ohioctapp · 1988
2 sentences

1999Like the Ohio rule, HRE Rule 802.1 requires, as a prerequisite to admission of any prior statement by a witness, that the witness who made the prior statement "testify at trial.” 22 .The appellate court in State v. Woods, 48 Ohio App.3d 1 , 548 N.E.2d 954, 958 , cause dismissed, 38 Ohio St.3d 715 , 533 N.E.2d 783 (1988), compared the “past recollection recorded” and "present recollection refreshed” exceptions and determined that the grand jury testimony of Meister, who had previously been incarcerated with Woods, the defendant, could not be elicited under the present recollection refreshed exc

1999Like the Ohio rule, HRE Rule 802.1 requires, as a prerequisite to admission of any prior statement by a witness, that the witness who made the prior statement "testify at trial.” 22 .The appellate court in State v. Woods, 48 Ohio App.3d 1 , 548 N.E.2d 954, 958 , cause dismissed, 38 Ohio St.3d 715 , 533 N.E.2d 783 (1988), compared the “past recollection recorded” and "present recollection refreshed” exceptions and determined that the grand jury testimony of Meister, who had previously been incarcerated with Woods, the defendant, could not be elicited under the present recollection refreshed exc

11999–1999
Raley v. Ohio green
scotus · 1959
2 sentences

1998Id. at 431 , 79 S.Ct. 1257 .

1998Id. at 431 , 79 S.Ct. 1257 .

11998–1998
Gray v. American Radiator & Standard Sanitary Corp. green
ill · 1961
2 sentences

1975To the extent that its business may be directly affected by transactions occurring here it enjoys benefits from the laws of this State, and it has undoubtedly benefited, to a degree, from the protection which our law has given to the marketing of hot water heaters containing its valves.” 22 Ill. 2d at 441-442 . 176 N.E.2d at 766 .

1975To the extent that its business may be directly affected by transactions occurring here it enjoys benefits from the laws of this State, and it has undoubtedly benefited, to a degree, from the protection which our law has given to the marketing of hot water heaters containing its valves.” 22 Ill. 2d at 441-442 . 176 N.E.2d at 766 .

11975–1975
Donna Independent School Dist. v. First State Bank of Donna green
texapp · 1921
2 sentences

1964Walton v. Hermann, 63 Ohio 440 , 59 N.E. 104 , and Altschul v. City of Springfield, 48 Ohio App. 356 , 193 N.E. 788 , holding that a statute providing for award to the “lowest and best bidder” confers discretion) : McDonald v. Price, 45 Utah 464 , 146 Pac. 550, 552 (“highest responsible bidder” means “the bidder who will pay the highest amount of rent or render the greatest amount of service under the terms and conditions proposed”) ; Donna Independent School Dist. v. First State Bank, 227 S.W. 974 (Tex. Civ.

1964Walton v. Hermann, 63 Ohio 440 , 59 N.E. 104 , and Altschul v. City of Springfield, 48 Ohio App. 356 , 193 N.E. 788 , holding that a statute providing for award to the "lowest and best bidder" confers discretion); McDonald v. Price, 45 Utah 464 , 146 Pac. 550, 552 ("highest responsible bidder" means "the bidder who will pay the highest amount of rent or render the greatest amount of service under the terms and conditions proposed"); Donna Independent School Dist. v. First State Bank, 227 S.W. 974 (Tex. Civ.

11964–1964
Altschul v. City of Springfield green
ohioctapp · 1933
2 sentences

1964Walton v. Hermann, 63 Ohio 440 , 59 N.E. 104 , and Altschul v. City of Springfield, 48 Ohio App. 356 , 193 N.E. 788 , holding that a statute providing for award to the “lowest and best bidder” confers discretion) : McDonald v. Price, 45 Utah 464 , 146 Pac. 550, 552 (“highest responsible bidder” means “the bidder who will pay the highest amount of rent or render the greatest amount of service under the terms and conditions proposed”) ; Donna Independent School Dist. v. First State Bank, 227 S.W. 974 (Tex. Civ.

1964Walton v. Hermann, 63 Ohio 440 , 59 N.E. 104 , and Altschul v. City of Springfield, 48 Ohio App. 356 , 193 N.E. 788 , holding that a statute providing for award to the “lowest and best bidder” confers discretion) : McDonald v. Price, 45 Utah 464 , 146 Pac. 550, 552 (“highest responsible bidder” means “the bidder who will pay the highest amount of rent or render the greatest amount of service under the terms and conditions proposed”) ; Donna Independent School Dist. v. First State Bank, 227 S.W. 974 (Tex. Civ.

11964–1964
State Ex Rel. Fischer Construction Co. v. Linzell neutral
ohioctapp · 1955
2 sentences

1964Co. v. Linzell, 101 Ohio App. 219 , 137 N.E.2d 427 (an allegation that relator had prequalified and was the lowest competent and responsible bidder was not sufficient, and allegation that relator was “the lowest and best bidder” was essential, where that was the statutory language; as to Ohio rule see further State ex rel.

1964Co. v. Linzell, 101 Ohio App. 219 , 137 N.E.2d 427 (an allegation that relator had prequalified and was the lowest competent and responsible bidder was not sufficient, and allegation that relator was “the lowest and best bidder” was essential, where that was the statutory language; as to Ohio rule see further State ex rel.

11964–1964

Where else courts name it

OH 305 (1875–2026) TX 7 (1945–2018) PA 6 (1940–2024) KY 5 (1961–2016) HI 5 (1964–2019) CA 5 (1970–2019) NY 5 (1959–2006) IL 4 (1981–2025) MO 4 (1904–2009) MI 4 (1940–2018) MD 4 (1961–2019) MS 4 (1989–1997) WA 3 (1955–1986) WI 3 (1926–1999) OR 3 (1898–1935) NE 3 (1908–1990) IA 3 (1973–1993) NC 2 (1979–2001) DE 2 (2019–2023) NJ 2 (1958–2000) AK 2 (1983–1990) CO 2 (1979–1998) MN 2 (2004–2006) WV 2 (1978–1997) TN 2 (1954–2018)

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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