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Hawaii Revised Statutes

Haw. Rev. Stat. § 660-27 (2026)

  Return, hearing

✓ current as of July 2026
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     §660-27  Return, hearing.  The person imprisoned or restrained may deny any of the facts set forth in the return and may allege other material facts, and the court shall proceed in a summary way to examine the causes of imprisonment or restraint and to hear evidence which may be offered by any person interested or authorized to appear either in support of the imprisonment or restraint or against it, and thereupon to dispose of the party as law and justice may require. [L 1870, c 32, §20; RL 1925, §2750; RL 1935, §4335; RL 1945, §10376; RL 1955, §239-27; HRS §660-27]

 

Case Notes

 

  Section does not afford all habeas corpus petitioners absolute right to hearing; court in exercise of discretion may deny request for evidentiary hearing.  53 H. 274, 492 P.2d 953 (1972).

 

 

Notes of Decisions
Cited in 1 case, 1972–1972 · leading case: Russell v. Blackwell, 492 P.2d 953 (Haw. 1972).
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Russell v. Blackwell, 492 P.2d 953 (Haw. 1972). · cites it 12× “The final question is whether there was any legal basis for the Circuit Court's denial of petitioner's request for an evidentiary hearing on petitioner's claim that he was under the influence of drugs at the time of his guilty plea.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.