two part test (Hawaii) · Go Syfert
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two part test in Hawaii

5 Hawaii opinions name it 2 courts 1993–2023 2 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
State v. Dorsongreen
haw · 1980 · cited in 1 Hawaii opinions naming this issue, 2023–2023
2 sentences

2023State v. Dorson, 62 Haw. 377, 384-85 , 615 P.2d 740, 746 (1980).

2023State v. Dorson, 62 Haw. 377, 384-85 , 615 P.2d 740, 746 (1980).

11
Arquette v. State.green
haw · 2012 · cited in 1 Hawaii opinions naming this issue, 2021–2021
1 sentence

2021See also Arquette v. State, 128 Hawai#i 423, 447, 290 P.3d 493, 517 (2012).6/ 6/ In Arquette, the Hawai#i Supreme Court stated that "[d]isqualification or recusal cases involve a two-part analysis[,]" which it set out as follows: (continued...) 4 FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Matsuyoshi also argues that "a judge's duty not to recuse unnecessarily" addresses only the "lesser evil" of "a judge who . . . recuses himself or herself for the wrong reasons[,]" i.e., because a case presents difficult or controversial issues.

11
Chen v. Hoeflingergreen
hawapp · 2012 · cited in 1 Hawaii opinions naming this issue, 2021–2021
1 sentence

2021Indeed, the Order sets out, and then applies, the two- part analysis for addressing the issue of disqualification or recusal, as summarized in Chen v. Hoeflingner, 127 Hawai#i 346, 361, 279 P.3d 11, 26 (2012).

11
State v. Wakisakagreen
haw · 2003 · cited in 1 Hawaii opinions naming this issue, 2020–2020
1 sentence

2020Regarding Abihai’s ineffective assistance of counsel claim, the ICA first noted that under State v. Wakisaka, 102 Hawaiʻi 504, 513-14, 78 P.3d 317, 326-27 (2003), [t]he defendant has the burden of establishing ineffective assistance of counsel and must meet the following two part test: 1) that there were specific errors or omissions reflecting counsel’s lack of skill, judgment, or diligence; and 2) that such errors or omissions resulted in either the withdrawal or substantial impairment of a potentially meritorious defense. 14 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER

11
State v. Perezgreen
haw · 2006 · cited in 1 Hawaii opinions naming this issue, 2020–2020
1 sentence

2020In State v. Perez, 111 Hawai‘i 392, 397, 141 P.3d 1039, 1044 (2006), this court adopted a two- part test to determine whether a search or seizure pursuant to an investigative stop is reasonable.

11

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 (1)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

1993Federal cases concerning effective assistance of trial and appellate counsel rely on the standard enunciated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), a test criticized as being too burdensome for defendants to meet because it imposes a double burden upon defendants trying to show their counsel's ineffective assistance, resulting in a prejudice requirement almost impossible to surmount.

1993Federal cases concerning effective assistance of trial and appellate counsel rely on the standard enunciated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), a test criticized as being too burdensome for defendants to meet because it imposes a double burden upon defendants trying to show their counsel's ineffective assistance, resulting in a prejudice requirement almost impossible to surmount.

11993–1993

Where else courts name it

CT 323 (1980–2026) LA 169 (1982–2024) TX 121 (1973–2024) OH 80 (1998–2026) IN 66 (1983–2024) IL 52 (1979–2026) PA 51 (1981–2025) WA 45 (1999–2025) MS 41 (1987–2024) TN 31 (1997–2018) CA 28 (1976–2026) DE 27 (1979–2025) NC 24 (1987–2026) NJ 23 (1991–2026) OK 16 (1985–2023) MD 15 (1979–2023) WI 15 (1989–2025) OR 14 (1979–2021) MI 12 (1994–2023) MO 12 (1981–2010) SD 11 (1991–2017) CO 11 (1985–2026) GA 11 (1990–2024) VA 11 (1987–2023) UT 10 (1988–2024) IA 9 (1986–2023) FL 8 (1989–2013) AZ 7 (1984–2026) WV 7 (1992–2020) NM 7 (1969–2025) MT 7 (1984–2010) VT 6 (1987–2019) NY 5 (2004–2016) MA 5 (1999–2025) HI 5 (1993–2023) SC 4 (1988–2005) KY 4 (2002–2020) KS 4 (2020–2025) ID 4 (1988–2019) RI 4 (1974–1999) NV 3 (1988–2017) NE 3 (2000–2023) DC 3 (1980–2005) ME 3 (2000–2021) ND 3 (2004–2007) MN 2 (1986–1987) AR 2 (1985–2015)

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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