prosecution disproves a justification defense (Hawaii) · Go Syfert
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prosecution disproves a justification defense in Hawaii

5 Hawaii opinions name it 2 courts 1996–2022 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 (2)

CaseFollowedCited
State v. Jhungreen
haw · 1996 · cited in 3 Hawaii opinions naming this issue, 2010–2015
2 sentences

2015While the State carries the ultimate burden of persuasion, it satisfies its burden “when the [trier of fact] believes its case and disbelieves the defense.” HRS § 701-115 cmt. (2014 Repl.); State v. Jhun, 83 Hawai'i 472, 483 , 927 P.2d 1355, 1366 (1996) (“The prosecution disproves a justification defense beyond a reasonable doubt when the trial court believes the prosecution’s case and disbelieves the defendant’s case.”) Viewing the evidence in the strongest light for the State and giving due deference to the district court’s factual determinations, we hold that there was sufficient evidence t

2015While the State carries the ultimate burden of persuasion, it satisfies its burden “when the [trier of fact] believes its case and disbelieves the defense.” HRS § 701-115 cmt. (2014 Repl.); State v. Jhun, 83 Hawai'i 472, 483 , 927 P.2d 1355, 1366 (1996) (“The prosecution disproves a justification defense beyond a reasonable doubt when the trial court believes the prosecution’s case and disbelieves the defendant’s case.”) Viewing the evidence in the strongest light for the State and giving due deference to the district court’s factual determinations, we hold that there was sufficient evidence t

33
State v. Gabrillogreen
hawapp · 1994 · cited in 2 Hawaii opinions naming this issue, 1996–2022
2 sentences

2022App. 448 , 456–57, 877 P.2d 891, 895 (1994)).

2022"The prosecution disproves a justification defense beyond a reasonable doubt when the trial court believes the prosecution's case and disbelieves the defendant's case." State v. Jhun, 83 Hawai#i 472, 483, 927 3 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER P.2d 1355, 1366 (1996) (citing State v. Gabrillo, 10 Haw.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 711-1106 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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