The term “prosecutorial misconduct” is a legal term of art that refers to any improper action committed by a prosecutor, nonetheless harmless or unintentional. State v. Maluia 107 Hawai’i 20, 25, 108 P.3d 974, 979 (Hawai‘i,2005). That the prosecution must be held to a standard higher than “good faith” is a proposition lengthy established and [...]
The term “prosecutorial misconduct” is a legal term of art that refers to any improper action committed by a prosecutor, however harmless or unintentional. State v. Maluia 107 Hawai’i 20, 25, 108 P.3d 974, 979 (Hawai‘i,2005). That the prosecution need to be held to a standard higher than “good faith” is a proposition long established [...]
This analysis is lifted verbatim from State v. Estabillio, No. 28950, slip op. at 21-23 (Hawaii October 26, 2009), holding that a traffic stop for speeding and vehicle registration infractions was constitutional inasmuch as it was based on “specific and articulable facts,” but that a subsequent dog sniff of outside of vehicle was unsupported by [...]
“How to Get Your Cert Petition Granted” – Law360
This 1 comes to us from Sierra Club v. Dep’t of Transportation of Hawaii, No. 29035, slip op. at 20-24 (Hawaii Might 13, 2009), the amended opinion in the “Superferry case” holding that Act 2 – legislation “to facilitate the establishment of inter-island ferry service” – was “a special law in violation of Article XI, [...]
Of course, everyone’s initial guess is, mandatory. But, in his Legal Writing in Plain English, Bryan Garner devotes a section to the word “shall” in which he recommends that legal drafters not use it – very first of all, simply because it is not plain English, but also due to the fact “the vast majority [...]
…appearing in State v. Rinzler, 96 Haw. 386, 31 P.3d 243 (Haw.App. 2001). STANDARD OF REVIEW A. Plain Error Hawaii Rules of Penal Procedure Rule 52(b) states that “[p]lain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.” Therefore, an appellate court “may recognize [...]
Congrats to attorney Robert Thomas’s inversecondemnation.com, a blog lengthy (three years now) devoted to developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and Hawaii land use law.
“[O]nce instructional error is demonstrated, we will vacate, with out regard to whether timely objection was made, if there is a reasonable possibility that the error contributed to the defendant’s conviction[.]“ State v. Nichols, 111 Hawai’i 327, 337, 141 P.3d 974, 984 (2006).
From Peroutka v. Cronin, 179 P.3d 1050, 1053 (Haw. 2008), in which Appellants Ralph Nader, et. al. unsuccessfully challenged the lower court on the following points of error: (1) the circuit court erred in determining that the procedures used in verifying signatures on Appellants nomination petitions are not unconstitutional; (2) the circuit court erred in [...]