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← 101 Haw. 344 - State v. Ababa

State v. Ababa’s Empirical Analysis

2002

Citation profile

1
cited by 1 later decisions
1
states following
March 2003
most recently cited

1 state decisions

Relationships

Relies on Miranda v. State of Arizona Vignera · State v. Santiago · State v. Okumura · State v. Hoey · State v. Murray

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

  1. “[DEFENSE COUNSEL] Q All right. What happened in that room? A And they asked me questions or they told me that, oh, yeah, it’s like you know you did it and all this stuff that, you know, was that they wanted me to tell them what happened. Q Okay. Now who was saying “We know you did it.” A Detective Weiss [sic], Q What other things were said to you? A They told me that. Well, he said that they know that I did it and, you know, they want me to tell them what happened, asking me, you know, where’s the gun, you know. You—like you and your cousin did it. We know. That’s about it. [[Image here]] Q Was this conversation between you and the detectives being tape recorded? A No. Q Did the detectives ever show you any type of a rights form, what’s called an HPD 81 form then? A No. Q Okay. Did any of the detectives advise you of any constitutional rights at any point? A No. Q Did the issue of you wanting an attorney at any point come up? A Yes. Q How did that come up? A They told me if I wanted an attorney and I said yes. Q All right. Were you ever informed that if you don’t have the funds for an attorney, one would be appointed for you? A No. Q So when you said yes, that you wanted an attorney, were you invoking your right to counsel at that point? A Yes. Q What did they say then after you did that? A Nothing. They took me out—they took me out the room and they put me in a cellblock. Q Back in the cell? A Yeah. Q Okay. Did you yourself mention any specific attorney? A No. Q Did you have”
    1 later decision quote this exact passage · from the majority
  2. “[DEFENSE COUNSEL] Q You mentioned that when a prisoner asks for an attorney, you will make an effort to get an attorney. [DETECTIVE WEISE] A If a prisoner asks me specifically to contact an attorney whether it be the Public Defender’s Office or a specific attorney that’s (indiscernible) to him, his family or something, I would make that effort, yes. Q So, they have to -give you a specific, either a name of an attorney or specifically mention a public defender for you to make that effort? A If he told me that I need an attorney, will you call an attorney for me, I ivould do that, but [Petitioner] didn’t ask me that. Q If he asked for a specific attorney, is it your testimony you would make that cah? A Oh, yes. Q But you didn’t make the call because he didn’t ask for a specific attorney? A He said I just wanna talk to a lawyer. He didn’t make any specifics of whether, what kine'a lawyer, who he wanted to talk to. Q Had he said a specific name of an attorney, you would have made the efforts to make a call? A Yes, I would. Q And had he specifically mentioned that he wanted to talk to somebody from the Public Defender’s, would you have made the call? A Yes, I would.”
    1 later decision quote this exact passage · from the majority
  3. “THE COURT: Q Mr. Ababa, you asked for a lawyer about 9:30—is that right?—-in the morning? A What do you mean? Q You—you— A Is that the first— Q Yeah, the first time you asked for a lawyer. A Yes. Yes. Yes, Judge. Yes, Judge. Q And in your mind you thought the police were going to call a lawyer or do you think you’d be given a phone where you could call the lawyer? A Well) I thought they was gonna give me a lawyer ‘cause they went ask me if I wanted a lawyer— Q Okay. A And I said yes. Q And you said yes. A Yes. Q All right. Did anybody explain to you that they weren’t going to call the lawyer but that you could call the lawyer on your own? A No. Q If you had been taken into a room with either a pay phone or a free phone— A Um-hmm. Q —and given a list, a public defender list, what would you have done? A Well, I would call them. Q Okay. And were you taken into a room and put by a phone and said go ahead, call a lawyer? A No. No. Q Never happened? A No. Never happened. Q Did anybody offer you that option? A No. Q Did you ask them when is my lawyer going to come? A Oh, no. I just went—I just went straight to my cell.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.