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5 Hawaii opinions name it 2 courts 1984–2021 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.
| Case | Followed | Cited |
|---|---|---|
State v. Rabagogreen2 sentences2021(Bold italics added.) In Rabago, a majority of the supreme court held that HRS § 707-733.5(2) "violates the rule adopted by this court in Arceo" and struck down the statute "as an unconstitutional violation of a defendant's constitutional right to due process of law." 103 Hawai#i at 238, 81 P.3d at 1153 . 2003Majority at 238-239, 254-255, 81 P.3d at 1153-1154, 1169-1170 . | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nakamoto v. Fasi
green
1 sentence2015Id. | 1 | 2015–2015 |
People v. Canister
green
2 sentences2009Canister, 110 P.3d at 381 . 2009Canister, 110 P.3d at 381 . | 1 | 2009–2009 |
Ring v. Arizona
green
2 sentences2009In Canister , the governor of Colorado called a special legislative session to consider legislation that would amend Colorado's capital punishment sentencing procedure to conform with the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002), which concluded that a capital sentencing statute similar to Colorado's was an unconstitutional violation of the Sixth Amendment right to a jury trial. 2009In Canister , the governor of Colorado called a special legislative session to consider legislation that would amend Colorado's capital punishment sentencing procedure to conform with the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002), which concluded that a capital sentencing statute similar to Colorado's was an unconstitutional violation of the Sixth Amendment right to a jury trial. | 1 | 2009–2009 |
Territory of Hawaii v. Tam
green
1 sentence1984HRS § 1-23; Territory v. Tam, supra; 16 Am. | 1 | 1984–1984 |
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.