§806-2 Inapplicable to district courts.
Notwithstanding any provision of this chapter that the same applies to courts
of record, such provision shall not, without more, apply to district courts. [L
1971, c 144, §31B; HRS §711-2; ren L 1972, c 9, pt of §1]
Case Notes
As the plain language of this section limits the application
of the criminal procedure provisions of this chapter to the circuit courts, the
appellate court erred by extending the application of §806-28 to the district
courts. 127 H. 48, 276 P.3d 617 (2012).
Notes of Decisions
Cited in
2
cases, 2012–2012 · leading case:
State v. Nesmith, 276 P.3d 617 (Haw. 2012).
State v. Nesmith, 276 P.3d 617 (Haw. 2012).
· cites it 20× “3d 1224, 1229 (2000), the distinction between general and specific intent has been abandoned; and (4) that in Nesmith, the ICA erred by extending HRS § 806-28 (1993) [4] to the district courts, as the plain language of HRS § 806-2 (1993) limits the application of the criminal…”
State v. Yamamoto., No. SCWC-30438 (Haw. Apr. 12, 2012).
· cites it 10× “3d 1224, 1229 (2000), the distinction between general and specific intent has been abandoned; and (4) that in Nesmith, the ICA erred by extending HRS § 806-28 (1993)4 to the district courts, as the plain language of HRS § 806-2 (1993) limits the application of the criminal…”
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