Topic: once a violation of the constitutional right to testify is … · Go Syfert
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Topic #13377

4 canonical passages across 4 cases, quoted by 29 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Tachibana v. State.

#Case FlagCanonical passage Citers
1 Tachibana v. State Anchor
haw · 1995
green “once a violation of the constitutional right to testify is established, the conviction must be vacated unless the state can prove that the violation was harmless beyond a reasonable doubt.” 11
2 State v. Celestine.
haw · 2018
green “a verbal exchange between the judge and the defendant 'in which the judge ascertains the defendant's understanding of the proceedings and of the defendant's rights.” 7
3 State v. Chong Hung Han
haw · 2013
green “an objective basis for finding that the defendant knowingly, intelligently, and voluntarily gave up” 6
4 State v. Hoang
hawapp · 2000
green “in general, it is inherently difficult, if not impossible, to divine what effect a violation of the defendant's constitutional right to testify had on the outcome of any particular case.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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