opening brief (Hawaii) · Go Syfert
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opening brief in Hawaii

5 Hawaii opinions name it 2 courts 1940–2021 1 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
Omerod v. Heirs of Kaheananuigreen
haw · 2007 · cited in 1 Hawaii opinions naming this issue, 2021–2021
1 sentence

2021In Omerod v. Heirs of Kaheananui, 116 Hawai#i 239, 262, 172 P.3d 983, 1006 (2007), the Hawai#i Supreme Court disregarded points of error due to noncompliance with HRAP Rule 28(b)(4)(ii) and (iii) and (b)(4)(C), holding that appellants "are required to do more than assert bald points of error," and that "cursory treatment of the points of appeal cannot reasonably be considered compliant with HRAP Rule 28(b)(4)." Similarly, in Nuuanu Valley Ass'n v. City and Cty. of Honolulu, 119 Hawai#i 90, 2 HRAP Rule 28(b)(4) states in pertinent part, (b) Opening brief. . . . [T]he appellant shall file an ope

11
State v. Frisbeegreen
haw · 2007 · cited in 1 Hawaii opinions naming this issue, 2007–2007
2 sentences

2007The fact is that, “[ajlthough [Sunderland] did not explicitly phrase [his conviction, despite its article I, section 6 implications,] in terms of plain error, he did raise the issue and argued it as error.” State v. Frisbee, 114 Hawai'i 76, 84 , 156 P.3d 1182, 1190 (2007) (Moon, C.J., concurring) (emphases in original).

2007The fact is that, “[ajlthough [Sunderland] did not explicitly phrase [his conviction, despite its article I, section 6 implications,] in terms of plain error, he did raise the issue and argued it as error.” State v. Frisbee, 114 Hawai'i 76, 84 , 156 P.3d 1182, 1190 (2007) (Moon, C.J., concurring) (emphases in original).

11
State v. Aplacagreen
haw · 1992 · cited in 1 Hawaii opinions naming this issue, 1993–1993
2 sentences

1993State v. Aplaca, 74 Haw. 54, 66-67 , 837 P.2d 1298, 1305 (1992) (footnote and citations omitted).

1993State v. Aplaca, 74 Haw. 54, 66-67 , 837 P.2d 1298, 1305 (1992) (footnote and citations omitted).

11
Kenoa v. Meekgreen
haw · 1872 · cited in 1 Hawaii opinions naming this issue, 1940–1940
2 sentences

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11
Thurston v. Bishopgreen
haw · 1888 · cited in 1 Hawaii opinions naming this issue, 1940–1940
2 sentences

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

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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 (12)

CaseCitedYears
State v. Ho green
hawapp · 1989
2 sentences

1994Although both the Soto and Ho courts appear to have assumed, arguendo, that motions for supervised release and/or bail reduction were ex-cludable under HRPP 48(c)(1), see Soto, 63 Haw. at 318-20 , 627 P.2d at 280-81 ; Ho, 7 Haw.App. at 517 , 782 P.2d at 30 , Hoey is correct in his assertion that neither decision proffered any explanation “as to how the bail *30 motions filed in those cases delayed the commencement of trial.” Opening brief at 22.

1994Although both the Soto and Ho courts appear to have assumed, arguendo, that motions for supervised release and/or bail reduction were ex-cludable under HRPP 48(c)(1), see Soto, 63 Haw. at 318-20 , 627 P.2d at 280-81 ; Ho, 7 Haw.App. at 517 , 782 P.2d at 30 , Hoey is correct in his assertion that neither decision proffered any explanation “as to how the bail *30 motions filed in those cases delayed the commencement of trial.” Opening brief at 22.

11994–1994
State v. Soto green
haw · 1981
2 sentences

1994Although both the Soto and Ho courts appear to have assumed, arguendo, that motions for supervised release and/or bail reduction were ex-cludable under HRPP 48(c)(1), see Soto, 63 Haw. at 318-20 , 627 P.2d at 280-81 ; Ho, 7 Haw.App. at 517 , 782 P.2d at 30 , Hoey is correct in his assertion that neither decision proffered any explanation “as to how the bail *30 motions filed in those cases delayed the commencement of trial.” Opening brief at 22.

1994Although both the Soto and Ho courts appear to have assumed, arguendo, that motions for supervised release and/or bail reduction were ex-cludable under HRPP 48(c)(1), see Soto, 63 Haw. at 318-20 , 627 P.2d at 280-81 ; Ho, 7 Haw.App. at 517 , 782 P.2d at 30 , Hoey is correct in his assertion that neither decision proffered any explanation “as to how the bail *30 motions filed in those cases delayed the commencement of trial.” Opening brief at 22.

11994–1994
State v. Foster green
haw · 1960
2 sentences

1993Relying on State v. Foster, 44 Haw. 403 , 354 P.2d 960 (1960), and Crane v. Kentucky, supra, Kelekolio also urges, however, that the jury instructions as a whole were “prejudicially insufficient” because “the [trial] court never instructed the jury on the issue of the voluntariness of [his] confession,” thus depriving the jury of the opportunity “to make the ultimate determination of whether [his] confession was freely and voluntarily made.” Opening brief at 21-22.

1993Relying on State v. Foster, 44 Haw. 403 , 354 P.2d 960 (1960), and Crane v. Kentucky, supra, Kelekolio also urges, however, that the jury instructions as a whole were “prejudicially insufficient” because “the [trial] court never instructed the jury on the issue of the voluntariness of [his] confession,” thus depriving the jury of the opportunity “to make the ultimate determination of whether [his] confession was freely and voluntarily made.” Opening brief at 21-22.

11993–1993
Land Title, Waimalu green
haw · 1936
1 sentence

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11940–1940
Walton v. Stafford green
nyappdiv · 1897
1 sentence

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11940–1940
Haalelea v. Montgomery green
haw · 1858
1 sentence

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11940–1940
In re the Estate of His Majesty Kamehameha IV green
haw · 1864
1 sentence

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11940–1940
Kanaina v. Long neutral
haw · 1872
1 sentence

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11940–1940
Harris v. Carter green
haw · 1877
1 sentence

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11940–1940
Hatton v. Piopio green
haw · 1882
1 sentence

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11940–1940
Territory ex rel. Bailey v. Gay green
haw · 1922
1 sentence

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11940–1940
In re Title of Pa Pelekane green
haw · 1912
1 sentence

1940(Opening brief of trustees and tenants, pp. 77, 172.) 14 Walton v. Stafford, 43 N.Y.S. 1049, 1052 . 15 Counsel for the trustees and tenants make the reservation that by the word "appurtenant" as used by them in describing the legal relation existing between a sea fishery and the ahupuaa to which it belongs, they do not mean that a konohiki sea fishery would necessarily pass by deed which only named the ahupuaa on which the fishery fronted, but merely in the sense that fishery A belonged to land A. 16 Act of Congress of April 30, 1900, 31 Stat. L., c. 339, p. 141. 17 See note 25. 18 For example

11940–1940

Where else courts name it

CA 28 (1879–2026) WA 13 (1920–2020) NY 12 (1914–2004) OR 9 (1984–2023) MA 9 (1929–2018) TX 8 (1947–2026) PA 7 (1924–2019) DE 5 (1999–2019) MD 5 (1963–2020) MI 5 (1978–2025) HI 5 (1940–2021) AR 4 (1942–2017) FL 4 (1965–2017) IN 4 (1983–2025) MT 4 (1901–2020) WY 3 (1975–2010) IL 2 (2016–2023) CO 2 (1998–1998) MN 2 (1888–2015) NC 2 (1924–1972) AL 2 (1917–2014) RI 2 (1966–1967) MO 2 (2013–2018) NJ 2 (1953–1954) CT 2 (1928–1997) VA 2 (2001–2026)

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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