one-leg-stand test (Hawaii) · Go Syfert
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one-leg-stand test in Hawaii

5 Hawaii opinions name it 2 courts 1999–2026 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 (6)

CaseFollowedCited
State v. Jones.green
haw · 2020 · cited in 1 Hawaii opinions naming this issue, 2026–2026
2 sentences

2026"Erroneous admission of evidence may constitute plain error if a fair trial of the accused was thereby impaired, or if it substantially prejudiced the accused." State v. Cummings, 49 Haw. 522, 528, 423 P.2d 438, 442 (1967) (cleaned up). "[I]t is well-settled that opinion testimony should not merely tell the fact-finder what result to reach, and witnesses are not permitted to give legal conclusions." Jones, 148 Hawaiʻi at 173, 468 P.3d at 187 (citations omitted).

2026"Erroneous admission of evidence may constitute plain error if a fair trial of the accused was thereby impaired, or if it substantially prejudiced the accused." State v. Cummings, 49 Haw. 522, 528 , 423 P.2d 438, 442 (1967) (cleaned up). "[I]t is well-settled that opinion testimony should not merely tell the fact-finder what result to reach, and witnesses are not permitted to give legal conclusions." Jones, 148 Hawaiʻi at 173, 468 P.3d at 187 (citations omitted).

11
State v. Metcalfe.green
haw · 2013 · cited in 1 Hawaii opinions naming this issue, 2026–2026
2 sentences

2026During the one-leg stand test, Officer Ah Nee observed that Franco's "raised foot was swaying," that Franco raised his arms once, and that he "count[ed] a couple of numbers twice." On this record, we conclude that there is substantial evidence that Franco's operation of a vehicle while under the influence of alcohol was in an amount sufficient to impair his normal mental faculties or ability to care for himself and guard against casualty. (2) Franco contends that "[t]he district court plainly erred in failing to strike Officer Ah Nee's testimony that impermissibly stated a legal conclusion." (

2026During the one-leg stand test, Officer Ah Nee observed that Franco's "raised foot was swaying," that Franco raised his arms once, and that he "count[ed] a couple of numbers twice." On this record, we conclude that there is substantial evidence that Franco's operation of a vehicle while under the influence of alcohol was in an amount sufficient to impair his normal mental faculties or ability to care for himself and guard against casualty. (2) Franco contends that "[t]he district court plainly erred in failing to strike Officer Ah Nee's testimony that impermissibly stated a legal conclusion." (

11
State v. Cummingsgreen
haw · 1967 · cited in 1 Hawaii opinions naming this issue, 2026–2026
2 sentences

2026"Erroneous admission of evidence may constitute plain error if a fair trial of the accused was thereby impaired, or if it substantially prejudiced the accused." State v. Cummings, 49 Haw. 522, 528, 423 P.2d 438, 442 (1967) (cleaned up). "[I]t is well-settled that opinion testimony should not merely tell the fact-finder what result to reach, and witnesses are not permitted to give legal conclusions." Jones, 148 Hawaiʻi at 173, 468 P.3d at 187 (citations omitted).

2026"Erroneous admission of evidence may constitute plain error if a fair trial of the accused was thereby impaired, or if it substantially prejudiced the accused." State v. Cummings, 49 Haw. 522, 528, 423 P.2d 438, 442 (1967) (cleaned up). "[I]t is well-settled that opinion testimony should not merely tell the fact-finder what result to reach, and witnesses are not permitted to give legal conclusions." Jones, 148 Hawaiʻi at 173, 468 P.3d at 187 (citations omitted).

11
State v. Pomroy.green
haw · 2014 · cited in 1 Hawaii opinions naming this issue, 2025–2025
1 sentence

2025Moreover, "[i]t is well-settled that an appellate court will not pass upon issues dependent upon the credibility of witnesses and the weight of the evidence; this is the province of the trier of fact." State v. Pomroy, 132 Hawai#i 85, 95, 319 P.3d 1093, 1103 (2014).

11
State v. Ildefonsogreen
haw · 1992 · cited in 1 Hawaii opinions naming this issue, 2021–2021
2 sentences

2021When viewed in the light most favorable to the prosecution, State v. Ildefonso, 72 Haw. 573, 576-77 , 827 P.2d 648, 651 (1992), we conclude that there was sufficient evidence to support Pedro's OVUII conviction. 3 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the Judgment and Notice of Entry of Judgment, entered on March 29, 2019, in the District Court of the Third Circuit, Kona Division, is affirmed.

2021When viewed in the light most favorable to the prosecution, State v. Ildefonso, 72 Haw. 573, 576-77 , 827 P.2d 648, 651 (1992), we conclude that there was sufficient evidence to support Pedro's OVUII conviction. 3 NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the Judgment and Notice of Entry of Judgment, entered on March 29, 2019, in the District Court of the Third Circuit, Kona Division, is affirmed.

11
State v. O'Keygreen
or · 1995 · cited in 1 Hawaii opinions naming this issue, 1999–1999
1 sentence

1999State v. O’Key, 899 P.2d at 686 (footnotes omitted).

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. Ferrer green
hawapp · 2001
1 sentence

2020Ferrer held that psychomotor FSTs are nonscientific in nature and that, therefore, an arresting officer may be permitted to testify as to a driver’s performance on such tests and to give a lay opinion based on observations whether the driver was intoxicated when arrested. 95 Hawaiʻi at 427, 23 P.3d at 762 .

12020–2020

Where else courts name it

TX 40 (2001–2026) OH 29 (2000–2024) OR 16 (1995–2026) IL 15 (2007–2026) CT 11 (2000–2025) GA 11 (1996–2025) MO 9 (2006–2020) PA 9 (2015–2025) KS 9 (2010–2019) NM 8 (2009–2024) HI 5 (1999–2026) DE 5 (2014–2026) CA 4 (2015–2023) MD 3 (2005–2016) NJ 2 (2024–2025) NC 2 (2019–2023) MA 2 (1998–2017)

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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