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5 Hawaii opinions name it 1 courts 1996–2019 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 |
|---|---|---|
United States v. Richard Anthony Caingreen2 sentences2019We therefore held that "records excluded by [the public records exception] cannot be admitted through the 'back door' as a business record." Id. (citing United States v. Weiland , 420 F.3d 1062 , 1074 (9th Cir. 2005) ; United States v. Orellana-Blanco , 294 F.3d 1143 , 1149 (9th Cir. 2002) ; United States v. Cain , 615 F.2d 380 , 382 (5th Cir. 1980) ); see also State v. Hammell , 155 N.H. 47 , 917 A.2d 1267 , 1271 (2007) (holding the identically worded New Hampshire public records exception cannot be circumvented using the business record exception because doing so would enable "an end run aro 2017Nor may the government attempt to combine Rules 803(6) and 803(8) into a hybrid rule to excuse its failure to comply with either.”); United States v. Orellana-Blanco, 294 F.3d 1143, 1149 (9th Cir. 2002) (“When public records are used against a defendant in a criminal prosecution, the public records exception is the exclusive applicable hearsay exception.”); United States v. Cain, 615 F.2d 380, 382 (5th Cir. 1980) (“[S]tatements inadmissible as public agency reports under Rule 803(8) may not be received merely because they satisfy Rule 803(6) . . . section (6) does not open a back door for evid | 1 | 2 |
United States v. Santos Renan Orellana-Blancogreen2 sentences2019We therefore held that "records excluded by [the public records exception] cannot be admitted through the 'back door' as a business record." Id. (citing United States v. Weiland , 420 F.3d 1062 , 1074 (9th Cir. 2005) ; United States v. Orellana-Blanco , 294 F.3d 1143 , 1149 (9th Cir. 2002) ; United States v. Cain , 615 F.2d 380 , 382 (5th Cir. 1980) ); see also State v. Hammell , 155 N.H. 47 , 917 A.2d 1267 , 1271 (2007) (holding the identically worded New Hampshire public records exception cannot be circumvented using the business record exception because doing so would enable "an end run aro 2017Nor may the government attempt to combine Rules 803(6) and 803(8) into a hybrid rule to excuse its failure to comply with either.”); United States v. Orellana-Blanco, 294 F.3d 1143, 1149 (9th Cir. 2002) (“When public records are used against a defendant in a criminal prosecution, the public records exception is the exclusive applicable hearsay exception.”); United States v. Cain, 615 F.2d 380, 382 (5th Cir. 1980) (“[S]tatements inadmissible as public agency reports under Rule 803(8) may not be received merely because they satisfy Rule 803(6) . . . section (6) does not open a back door for evid | 1 | 2 |
United States v. William Weilandgreen2 sentences2019We therefore held that "records excluded by [the public records exception] cannot be admitted through the 'back door' as a business record." Id. (citing United States v. Weiland , 420 F.3d 1062 , 1074 (9th Cir. 2005) ; United States v. Orellana-Blanco , 294 F.3d 1143 , 1149 (9th Cir. 2002) ; United States v. Cain , 615 F.2d 380 , 382 (5th Cir. 1980) ); see also State v. Hammell , 155 N.H. 47 , 917 A.2d 1267 , 1271 (2007) (holding the identically worded New Hampshire public records exception cannot be circumvented using the business record exception because doing so would enable "an end run aro 2017Bowman, supra, § 803-3[6][F], at 8-41; Weiland, 420 F.3d at 1074 (indicating that the business records hearsay exception is not an avenue for admitting evidence that is inadmissible under the public records exception). | 1 | 2 |
United States v. Maria Orozco, United States of America v. Jose Liva-Coronagreen2 sentences2019Relying on an earlier case that had analyzed the admission of public records under the federal equivalent of the business records hearsay exception, the Ninth Circuit held that the trial court had erred by admitting the report under the past recollection recorded hearsay exception, explaining that law enforcement reports are admissible "if at all, only under the public-records exception." Id. at 1087 (citing United States v. Orozco , 590 F.2d 789 , 793 (9th Cir. 1979) ). 2017See Orozco, 590 F.2d at 793-94 (explaining that the legislative history of FRE Rule 803(8) indicates that “Congress did not intend to exclude records of routine, nonadversarial matters”). | 1 | 2 |
State v. Hammellgreen2 sentences2019We therefore held that "records excluded by [the public records exception] cannot be admitted through the 'back door' as a business record." Id. (citing United States v. Weiland , 420 F.3d 1062 , 1074 (9th Cir. 2005) ; United States v. Orellana-Blanco , 294 F.3d 1143 , 1149 (9th Cir. 2002) ; United States v. Cain , 615 F.2d 380 , 382 (5th Cir. 1980) ); see also State v. Hammell , 155 N.H. 47 , 917 A.2d 1267 , 1271 (2007) (holding the identically worded New Hampshire public records exception cannot be circumvented using the business record exception because doing so would enable "an end run aro 2019We therefore held that "records excluded by [the public records exception] cannot be admitted through the 'back door' as a business record." Id. (citing United States v. Weiland , 420 F.3d 1062 , 1074 (9th Cir. 2005) ; United States v. Orellana-Blanco , 294 F.3d 1143 , 1149 (9th Cir. 2002) ; United States v. Cain , 615 F.2d 380 , 382 (5th Cir. 1980) ); see also State v. Hammell , 155 N.H. 47 , 917 A.2d 1267 , 1271 (2007) (holding the identically worded New Hampshire public records exception cannot be circumvented using the business record exception because doing so would enable "an end run aro | 1 | 1 |
United States v. Charles W. Blackburngreen1 sentence2019See United States v. Blackburn , 992 F.2d 666 , 671 (7th Cir. 1993) ("[I]f a document prohibited under [the public records exception] can come into evidence under [the business records exception], then the [public records exception's] restrictions are rendered nugatory."). | 1 | 1 |
Air Land Forwarders, Inc. v. United Statesgreen1 sentence2019See Air Land Forwarders, Inc. v. United States, 172 F.3d 1338 , 1345 (Fed. | 1 | 1 |
State v. Davis.green2 sentences2019On review, this court held that "[a]lthough ordinarily the proponent of hearsay is entitled to 'shop around' among the exceptions, the public records exception preempts" the business record exception as it applies to public records and "forecloses access to business records admissibility." Id. (quoting Addison M. 2019Davis , 140 Hawai'i at 265 , 400 P.3d at 466 (quoting Bowman, Hawaii Rules of Evidence Manual § 803-3[6][F], at 8-41 (2016-2017 ed.). | 1 | 1 |
Bradbury v. Ford Motor Co.green2 sentences2017Id.; see also Bradbury v. Ford Motor Co., 419 Mich. 550 , 358 N.W.2d 550, 552 (1984) (noting the distinction between the “concepts” in the “matters observed” and “factual findings” subsections of the public records hearsay exception). 2017Id.; see also Bradbury v. Ford Motor Co., 358 N.W.2d 550, 552 (Mich. 1984) (noting the distinction between the “concepts” in the “matters observed” and “factual findings” subsections of the public records hearsay exception). | 1 | 1 |
United States v. Reginald Loeragreen1 sentence1996Approval as to form shall not affect the right of any party to appeal from any judgment, decree or order issued. 11 .The United States Court of Appeals for the Ninth Circuit held "that misdemeanor convictions can be admitted under the public records exception to the prohibition against hearsay.” United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (citing United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982), cert. denied, 464 U.S. 867 , 104 S.Ct. 205 , 78 L.Ed.2d 178 (1983)), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Raymond Sawyer
green
1 sentence2019Such a distinction is not rationally justified, and it is contrary to statements by multiple courts that the public records exception was "intended to bar the use of law enforcement reports as a substitute for the testimony of the officer." United States v. Sawyer , 607 F.2d 1190 , 1193 (7th Cir. 1979). | 1 | 2019–2019 |
United States v. Ralph Pena-Gutierrez
green
1 sentence2019Relying on an earlier case that had analyzed the admission of public records under the federal equivalent of the business records hearsay exception, the Ninth Circuit held that the trial court had erred by admitting the report under the past recollection recorded hearsay exception, explaining that law enforcement reports are admissible "if at all, only under the public-records exception." Id. at 1087 (citing United States v. Orozco , 590 F.2d 789 , 793 (9th Cir. 1979) ). | 1 | 2019–2019 |
United States v. Paul v. Oates
green
2 sentences2019Id. at 69 . 2019In reaching that outcome, the Majority relies heavily on United States v. Oates , 560 F.2d 45 (2d. | 1 | 2019–2019 |
City of Colorado Springs v. White
green
1 sentence2018In White , the Colorado Supreme Court held that a deliberative process privilege inhered not in a public records exception for records that would frustrate government functions if disclosed, but rather an exception that expressly protected "privileged information" from disclosure. 967 P.2d at 1045-46 (citing Colo. Rev. | 1 | 2018–2018 |
State v. Jhun
green
2 sentences2017Id. at 477-81, 927 P.2d at 1360-64 . 2017Id. at 477-81, 927 P.2d at 1360-64 . | 1 | 2017–2017 |
Palmer v. Hoffman
green
2 sentences1997With respect to the public records exception, the commentary approves the view of the Advisory Committee's Note to Fed.R.Evid. 803(8)(C), which suggested that "[i]actors which may be of assistance in passing upon the admissibility of evaluative reports include: (1) the timeliness of the investigation .... (2) the special skill or experience of the official .... (3) whether a hearing was held and the level at which conducted .... (4) possible motivation problems suggested by Palmer v. Hoffman, 318 U.S. 109 , 63 S.Ct. 477 , 87 L.Ed. 645 (1943). 1997With respect to the public records exception, the commentary approves the view of the Advisory Committee's Note to Fed.R.Evid. 803(8)(C), which suggested that "[i]actors which may be of assistance in passing upon the admissibility of evaluative reports include: (1) the timeliness of the investigation .... (2) the special skill or experience of the official .... (3) whether a hearing was held and the level at which conducted .... (4) possible motivation problems suggested by Palmer v. Hoffman, 318 U.S. 109 , 63 S.Ct. 477 , 87 L.Ed. 645 (1943). | 1 | 1997–1997 |
United States v. John Paul Wilson
green
1 sentence1996Approval as to form shall not affect the right of any party to appeal from any judgment, decree or order issued. 11 .The United States Court of Appeals for the Ninth Circuit held "that misdemeanor convictions can be admitted under the public records exception to the prohibition against hearsay.” United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (citing United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982), cert. denied, 464 U.S. 867 , 104 S.Ct. 205 , 78 L.Ed.2d 178 (1983)), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991). | 1 | 1996–1996 |
Mashpee Tribe v. New Seabury Corp.
green
1 sentence1996Approval as to form shall not affect the right of any party to appeal from any judgment, decree or order issued. 11 .The United States Court of Appeals for the Ninth Circuit held "that misdemeanor convictions can be admitted under the public records exception to the prohibition against hearsay.” United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (citing United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982), cert. denied, 464 U.S. 867 , 104 S.Ct. 205 , 78 L.Ed.2d 178 (1983)), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991). | 1 | 1996–1996 |
Wilson v. United States
green
1 sentence1996Approval as to form shall not affect the right of any party to appeal from any judgment, decree or order issued. 11 .The United States Court of Appeals for the Ninth Circuit held "that misdemeanor convictions can be admitted under the public records exception to the prohibition against hearsay.” United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (citing United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982), cert. denied, 464 U.S. 867 , 104 S.Ct. 205 , 78 L.Ed.2d 178 (1983)), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991). | 1 | 1996–1996 |
United States v. Frank B. Breitkreutz
green
1 sentence1996Id. | 1 | 1996–1996 |
Robert C. Gilliard, Jr. v. Mississippi
green
1 sentence1996Approval as to form shall not affect the right of any party to appeal from any judgment, decree or order issued. 11 .The United States Court of Appeals for the Ninth Circuit held "that misdemeanor convictions can be admitted under the public records exception to the prohibition against hearsay.” United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (citing United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982), cert. denied, 464 U.S. 867 , 104 S.Ct. 205 , 78 L.Ed.2d 178 (1983)), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991). | 1 | 1996–1996 |
Newman v. United States
green
1 sentence1996Approval as to form shall not affect the right of any party to appeal from any judgment, decree or order issued. 11 .The United States Court of Appeals for the Ninth Circuit held "that misdemeanor convictions can be admitted under the public records exception to the prohibition against hearsay.” United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (citing United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982), cert. denied, 464 U.S. 867 , 104 S.Ct. 205 , 78 L.Ed.2d 178 (1983)), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991). | 1 | 1996–1996 |
McMeans v. Township of Waterford
green
1 sentence1996Approval as to form shall not affect the right of any party to appeal from any judgment, decree or order issued. 11 .The United States Court of Appeals for the Ninth Circuit held "that misdemeanor convictions can be admitted under the public records exception to the prohibition against hearsay.” United States v. Loera, 923 F.2d 725, 730 (9th Cir.1991) (citing United States v. Wilson, 690 F.2d 1267 , 1275 n. 2 (9th Cir.1982), cert. denied, 464 U.S. 867 , 104 S.Ct. 205 , 78 L.Ed.2d 178 (1983)), cert. denied, 502 U.S. 854 , 112 S.Ct. 164 , 116 L.Ed.2d 128 (1991). | 1 | 1996–1996 |
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.