1 Haw. App. 602 - State v. Brown’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 853-1 Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records, (a) Upon proper motion as provided by this chapter: (1) When a defendant voluntarily pleads guilty or nolo contendere, prior to commencement of trial, to a felony, misdemeanor, or petty misdemeanor; (2) It appears to the court that the defendant is not likely again to engage in a criminal course of conduct; and (3) The ends of justice and the welfare Of society do not require that the defendant shall presently suffer the penalty imposed by law, the court, without accepting the plea of nolo contendere or entering a judgment of guilt and with the consent of the defendant and after considering the recommendations, if any, of the prosecutor, may defer further proceedings. (b) The proceedings may be deferred upon any of the conditions specified by section 706-624. The court may defer the proceedings for such period of time as the court shall direct but in no case to exceed the maximum sentence allowable. The defendant may be subject to bail or recognizance at the court’s discretion during the period during which the proceedings are deferred. (c) Upon the defendant’s completion of the period designated by the court and in compliance with the terms and conditions established, the court shall discharge the defendant and dismiss the charge against the defendant. (d) Discharge of the defendant and dismissal of the charge against the defendant under this section shall be ”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Oshiro

2. “[i]t is a settled rule of statutory interpretation that `the legislature, in the enactment of a statute, will not be presumed to intend to overturn long established legal principles, unless such intention is made clearly to appear by express declarations or by necessary implication[.]'”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Sakamoto

3. “[i]n our view, the power to receive a plea necessarily includes the power to defer its acceptance. `(S)uch power is necessarily implicit in the proper and orderly administration of justice.'”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Sakamoto