5 Hawaii opinions name it 2 courts 1993–2026 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.
| Case | Followed | Cited |
|---|---|---|
State v. Parkgreen2 sentences2023COL 17, including COL 17.d., is not clearly erroneous. 6/ The State also argues that the Circuit Court "did not indicate whether it applied the 'totality of the circumstances' test announced in State v. Park," 55 Haw. 610 , 525 P.2d 586 (1974), and failed to address all of the Park factors. 2023COL 17, including COL 17.d., is not clearly erroneous. 6/ The State also argues that the Circuit Court "did not indicate whether it applied the 'totality of the circumstances' test announced in State v. Park," 55 Haw. 610 , 525 P.2d 586 (1974), and failed to address all of the Park factors. | 1 | 2 |
State v. Rapozogreen2 sentences2013Although this court has subsequently referenced the Park factors, see e.g., Rapozo, 123 Hawai'i at 344 , 235 P.3d at 340 , it has not expressly applied all of these factors in determining whether a trial court properly granted or denied a motion to dismiss a charge as a de minimis infraction, see, e.g., id..; State v. Viernes, 92 Hawai'i 130, 134-35 , 988 P.2d 195, 199-200 (1999). 2013Although this court has subsequently referenced the Park factors, see e.g., Rapozo, 123 Hawai'i at 344 , 235 P.3d at 340 , it has not expressly applied all of these factors in determining whether a trial court properly granted or denied a motion to dismiss a charge as a de minimis infraction, see, e.g., id..; State v. Viernes, 92 Hawai'i 130, 134-35 , 988 P.2d 195, 199-200 (1999). | 1 | 1 |
State v. Viernesgreen2 sentences2013Although this court has subsequently referenced the Park factors, see e.g., Rapozo, 123 Hawai'i at 344 , 235 P.3d at 340 , it has not expressly applied all of these factors in determining whether a trial court properly granted or denied a motion to dismiss a charge as a de minimis infraction, see, e.g., id..; State v. Viernes, 92 Hawai'i 130, 134-35 , 988 P.2d 195, 199-200 (1999). 2013Although this court has subsequently referenced the Park factors, see e.g., Rapozo, 123 Hawai'i at 344 , 235 P.3d at 340 , it has not expressly applied all of these factors in determining whether a trial court properly granted or denied a motion to dismiss a charge as a de minimis infraction, see, e.g., id..; State v. Viernes, 92 Hawai'i 130, 134-35 , 988 P.2d 195, 199-200 (1999). | 1 | 1 |
State v. Ornellasgreen2 sentences2013Following precedent, the court correctly applied the Park factors, and thus the court’s conclusion that Petitioner’s conduct was de minimis was well within its discretion to make. “ ‘The authority to dismiss a prosecution under § 702-236 [thus] rests in the sound discretion of the trial court[]’” and the court’s decision to dismiss a prosecution thereunder will be reversed “‘only if the court dearly exceeded the bounds of reason or disregarded rules or principles of law or practice to a substantial detriment of a party litigant.’ ” State v. Hironaka, 99 Hawai'i 198 , 53 P.3d 806 (2002) (quotin 2013Following precedent, the court correctly applied the Park factors, and thus the court’s conclusion that Petitioner’s conduct was de minimis was well within its discretion to make. “ ‘The authority to dismiss a prosecution under § 702-236 [thus] rests in the sound discretion of the trial court[]’” and the court’s decision to dismiss a prosecution thereunder will be reversed “‘only if the court dearly exceeded the bounds of reason or disregarded rules or principles of law or practice to a substantial detriment of a party litigant.’ ” State v. Hironaka, 99 Hawai'i 198 , 53 P.3d 806 (2002) (quotin | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re: The Petition for the Coordination of Maui Fire Cases. S.Ct. Order, filed 02/10/2025 [ada].
green
2 sentences2026Id. at 435, 565 P.3d at 780 (citing Park v. City & Cnty. of Honolulu, 154 Hawaiʻi 1, 3, 543 P.3d 433 , 435 (2024)). 2026Id. at 435, 565 P.3d at 780 (citing Park v. City & Cnty. of Honolulu, 154 Hawaiʻi 1, 3, 543 P.3d 433, 435 (2024)). | 1 | 2026–2026 |
State v. Ontai
green
1 sentence2021The circuit court concluded that Plaintiff- Appellant State of Hawai#i "failed to produce evidence of an enterprise[,]" citing State v. Ontai, 84 Hawai#i 56, 929 P.2d 69 (1996). | 1 | 2021–2021 |
State v. Hironaka
green
2 sentences2013Following precedent, the court correctly applied the Park factors, and thus the court’s conclusion that Petitioner’s conduct was de minimis was well within its discretion to make. “ ‘The authority to dismiss a prosecution under § 702-236 [thus] rests in the sound discretion of the trial court[]’” and the court’s decision to dismiss a prosecution thereunder will be reversed “‘only if the court dearly exceeded the bounds of reason or disregarded rules or principles of law or practice to a substantial detriment of a party litigant.’ ” State v. Hironaka, 99 Hawai'i 198 , 53 P.3d 806 (2002) (quotin 2013Following precedent, the court correctly applied the Park factors, and thus the court’s conclusion that Petitioner’s conduct was de minimis was well within its discretion to make. “ ‘The authority to dismiss a prosecution under § 702-236 [thus] rests in the sound discretion of the trial court[]’” and the court’s decision to dismiss a prosecution thereunder will be reversed “‘only if the court dearly exceeded the bounds of reason or disregarded rules or principles of law or practice to a substantial detriment of a party litigant.’ ” State v. Hironaka, 99 Hawai'i 198 , 53 P.3d 806 (2002) (quotin | 1 | 2013–2013 |
Kernan v. Tanaka
green
2 sentences1993Affirmed. 1 The Administrative Revocation Program is fully discussed in Kernan v. Tanaka, 75 Haw. 1 , 856 P.2d 1207 (1993), cert. denied,_U.S. _, 114 S. Ct. 1070 , 62 U.S.L.W. 3540 (1994). 2 HRS § 291-4 provides in pertinent part: (a) A person commits the offense of driving under the influence of intoxicating liquor if: *273 (1) The person operates or assumes actual physical control of the operation of any vehicle while under the influence of intoxicating liquor in an amount sufficient to impair the person’s normal mental faculties or ability to care for oneself and guard against casualty; or 1993Affirmed. 1 The Administrative Revocation Program is fully discussed in Kernan v. Tanaka, 75 Haw. 1 , 856 P.2d 1207 (1993), cert. denied,_U.S. _, 114 S. Ct. 1070 , 62 U.S.L.W. 3540 (1994). 2 HRS § 291-4 provides in pertinent part: (a) A person commits the offense of driving under the influence of intoxicating liquor if: *273 (1) The person operates or assumes actual physical control of the operation of any vehicle while under the influence of intoxicating liquor in an amount sufficient to impair the person’s normal mental faculties or ability to care for oneself and guard against casualty; or | 1 | 1993–1993 |
Dimicco v. City of New York
green
1 sentence1993Affirmed. 1 The Administrative Revocation Program is fully discussed in Kernan v. Tanaka, 75 Haw. 1 , 856 P.2d 1207 (1993), cert. denied,_U.S. _, 114 S. Ct. 1070 , 62 U.S.L.W. 3540 (1994). 2 HRS § 291-4 provides in pertinent part: (a) A person commits the offense of driving under the influence of intoxicating liquor if: *273 (1) The person operates or assumes actual physical control of the operation of any vehicle while under the influence of intoxicating liquor in an amount sufficient to impair the person’s normal mental faculties or ability to care for oneself and guard against casualty; or | 1 | 1993–1993 |
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.