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5 Hawaii opinions name it 2 courts 1995–2000 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 |
|---|---|---|
Tachibana v. Stategreen2 sentences2000Our insistence upon a direct waiver not only protects the defendant’s rights, but also maintains the integrity of the criminal justice system: “[I]f the trial court does not establish on the record that the defendant has waived his or her right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred.” Id. at 234 , 900 P.2d at 1301 (citations and internal quotation marks and brackets omitted). 2000Our insistence upon a direct waiver not only protects the defendant’s rights, but also maintains the integrity of the criminal justice system: “[I]f the trial court does not establish on the record that the defendant has waived his or her right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred.” Id. at 234 , 900 P.2d at 1301 (citations and internal quotation marks and brackets omitted). | 2 | 4 |
LaVigne v. Stategreen2 sentences1999In Tachibana , this court cited with approval the Alaska Court of Appeals’s observation that “ ‘if the [trial] court does not establish on the record that the defendant has waived his [or her] right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred.’” 79 Hawai'i at 234, 900 P.2d at 1301 (citing LaVigne v. State, 788 P.2d 52, 55 (Alaska Ct.App.1990)) (emphasis added) (brackets in original). 1995We agree with the Alaska Court of Appeals’ observation that “if the [trial] court does not establish on the record that the defendant has waived his [or her] right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred." LaVigne v. State, 788 P.2d 52, 55 (Alaska Ct.App.1990), rev’d on other grounds, 812 P.2d 217 (Alaska 1991). 4 See also People v. Curtis, 681 P.2d at 516 (noting that post-trial hearings to determine facts underlying claimed deprivation of right to testify “not only increases the chance of error, but is wasteful of | 2 | 2 |
People v. Curtisgreen2 sentences1995We agree with the Alaska Court of Appeals’ observation that “if the [trial] court does not establish on the record that the defendant has waived his [or her] right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred." LaVigne v. State, 788 P.2d 52, 55 (Alaska Ct.App.1990), rev’d on other grounds, 812 P.2d 217 (Alaska 1991). 4 See also People v. Curtis, 681 P.2d at 516 (noting that post-trial hearings to determine facts underlying claimed deprivation of right to testify “not only increases the chance of error, but is wasteful of 1995We agree with the Alaska Court of Appeals' observation that "if the [trial] court does not establish on the record that the defendant has waived his [or her] right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred." LaVigne v. State, 788 P.2d 52, 55 (Alaska Ct.App. 1990), rev'd on other grounds, 812 P.2d 217 (Alaska 1991). [4] See also People v. Curtis, 681 P.2d at 516 (noting that post-trial hearings to determine facts underlying claimed deprivation of right to testify "not only increases the chance of error, but is wasteful | 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. Staley
green
2 sentences2000In State v. Staley, 91 Hawai'i 275 , 982 P.2d 904 (1999), a case on all fours with this one, the trial court’s elicitation of a waiver of the right solely from the defendant’s attorney and not directly from the defendant constituted plain error which infringed upon the defendant’s constitutional right to testify. 2000In State v. Staley, 91 Hawai'i 275 , 982 P.2d 904 (1999), a case on all fours with this one, the trial court’s elicitation of a waiver of the right solely from the defendant’s attorney and not directly from the defendant constituted plain error which infringed upon the defendant’s constitutional right to testify. | 1 | 2000–2000 |
Gill v. State
green
2 sentences1995We agree with the Alaska Court of Appeals’ observation that “if the [trial] court does not establish on the record that the defendant has waived his [or her] right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred." LaVigne v. State, 788 P.2d 52, 55 (Alaska Ct.App.1990), rev’d on other grounds, 812 P.2d 217 (Alaska 1991). 4 See also People v. Curtis, 681 P.2d at 516 (noting that post-trial hearings to determine facts underlying claimed deprivation of right to testify “not only increases the chance of error, but is wasteful of 1995We agree with the Alaska Court of Appeals' observation that "if the [trial] court does not establish on the record that the defendant has waived his [or her] right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred." LaVigne v. State, 788 P.2d 52, 55 (Alaska Ct.App. 1990), rev'd on other grounds, 812 P.2d 217 (Alaska 1991). [4] See also People v. Curtis, 681 P.2d at 516 (noting that post-trial hearings to determine facts underlying claimed deprivation of right to testify "not only increases the chance of error, but is wasteful | 1 | 1995–1995 |
LaVigne v. State
green
2 sentences1995We agree with the Alaska Court of Appeals’ observation that “if the [trial] court does not establish on the record that the defendant has waived his [or her] right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred." LaVigne v. State, 788 P.2d 52, 55 (Alaska Ct.App.1990), rev’d on other grounds, 812 P.2d 217 (Alaska 1991). 4 See also People v. Curtis, 681 P.2d at 516 (noting that post-trial hearings to determine facts underlying claimed deprivation of right to testify “not only increases the chance of error, but is wasteful of 1995We agree with the Alaska Court of Appeals' observation that "if the [trial] court does not establish on the record that the defendant has waived his [or her] right to testify, it is extremely difficult to determine at a post-conviction relief hearing whether such a waiver occurred." LaVigne v. State, 788 P.2d 52, 55 (Alaska Ct.App. 1990), rev'd on other grounds, 812 P.2d 217 (Alaska 1991). [4] See also People v. Curtis, 681 P.2d at 516 (noting that post-trial hearings to determine facts underlying claimed deprivation of right to testify "not only increases the chance of error, but is wasteful | 1 | 1995–1995 |
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.