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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.
| Case | Followed | Cited |
|---|---|---|
State v. Dorsongreen2 sentences2023State 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). | 1 | 1 |
Arquette v. State.green1 sentence2021See 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. | 1 | 1 |
Chen v. Hoeflingergreen1 sentence2021Indeed, 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). | 1 | 1 |
State v. Wakisakagreen1 sentence2020Regarding 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 | 1 | 1 |
State v. Perezgreen1 sentence2020In 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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences1993Federal 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. | 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.