10 Haw. App. 519 - State v. Kahaunaele’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he borrower of a motor vehicle has a statutory right to reasonably believe that the borrowed motor vehicle is insured. Evidence that the defendant borrowed and operated upon a public street a motor vehicle that was not insured under a no-fault policy is sufficient evidence to sustain [the lack of knowledge defense], The fact that the borrower did not consider whether or not the borrowed motor vehicle was insured does not negative [the] defense. However, if one or more relevant facts reasonably required the borrower to inquire, he or she then had a duty to inquire until he or she reasonably believed that the motor vehicle was insured. The borrower's failure to satisfy that duty to inquire negatives [the] defense[],”

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

2. “if any person operates a motor vehicle without a valid no-fault policy in effect insuring the driver or registered owner, or both, either the driver’s license of the driver and of the registered owner shall be suspended for three months or they shall be required to maintain proof of financial responsibility pursuant to section 287-21(2), (3), or (4) and keep a nonrefundable no-fault insurance policy in force for six months....”

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

3. “[t]he borrower of a motor vehicle has a statutory right to reasonably believe that the borrowed motor vehicle is insured. Evidence that the defendant borrowed and operated upon a public street a motor vehicle that was not insured under a no-fault policy is sufficient evidence to sustain [the lack of knowledge defense].”

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