State v. Martins’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Carrying or use of firearm in the commission of a separate felony; place to keep firearms; loaded firearms; penalty. (c) Except as provided in sections 134-5 and 134-9, all firearms and ammunition shall be confined to the possessor’s place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms or ammunition or both in an enclosed container from the place of purchase to the purchaser’s place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following: a place of repair; a target range; a licensed dealer’s place of business; an organized, scheduled firearms show or exhibit; a place of formal hunter or firearm use training or instruction; or a police station. "Enclosed container” means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm. (d) It shall be unlawful for any person on any public highway to carry on the person, or to have in the person’s possession, or to carry in a vehicle any firearm loaded with ammunition; provided that this subsection shall not apply to any person who has in the person’s possession or carries a pistol or revolver and ammunition therefor in accordance with a license issued as provided in section 134-9. (e) Any person violating subsection (a) or (b) shall be guilty of a class A felony. Any person violating this section by carry”

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

2. “The charges against Martins arose out of an incident that occurred on May 15, 2000. At that time, Martins was living in his car. Martins testified that he had driven to Nklele Point on the evening of May 14, 2000. Martins planned to target shoot on the 15th. At approximately 10:00 a.m. on the 15th, Martins assembled his shotgun and placed his targets. Martins heard motorcycles approaching and walked up a hill to get to high ground. Hazel Cappal (Cappal), Wilbert Pascua (Pascua), and Ross Baybado (Baybado) (collectively, dirt bikers) were in the area to ride a dirt bike. Cappal testified that when she and Pascua rode the dirt bike up a hill, they saw Martins. Martins repeatedly yelled at them, “[w]hat are you guys doing? Get off of my fucking land because of the cows are starving.” The land was not owned by Martins; the owner was Maui Land and Pine. Cappal testified that she and Pascua walked the bike back to the truck at the bottom of the hill; while they were waiting for Baybado, she heard eight gunshots. Pascua testified that he and Cappal walked and rode the bike back to the truck; Pas-cua heard six to eight gunshots while he and Cappal were at the truck. Cappal and Pascua testified that they were scared when they heard the gunshots. Baybado testified that while he was hearing the gunshots, he was running to Pascua’s truck because he was seared he “might get shot or something.” The dirt bikers stopped at a vending stand on their way out, and Doreen Nakoa (Doreen), who ran ”

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

3. “Martins contends the circuit court committed plain error in “failing to instruct the jury that the threat had to be unequivocal, unconditional, immediate, and specific” in order for the jury to return a guilty verdict on Terroristic Threatening Seeond.[ 5 ] Martins did not object to the jury instructions. Jury instructions to which no objection has been made at trial will be reviewed only “to correct errors which seriously affect the fairness, integrity, or public reputation of judicial proceedings, to serve the ends of justice, and to prevent the denial of fundamental rights.” [State v.] Sawyer, 88 Hawai'i 325 ,] 330, 966 P.2d [637,] 642 [ (1998) ]. Martins relies on language from the Hawai'i Supreme Court decision in [State v.] Chung [, 75 Haw. 398 , 862 P.2d 1063 (1993),] and notes that, with respect to spoken threats, the threats must be “sufficiently unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and an imminent prospect of execution.” 75 Haw. at 417 , 862 P.2d at 1073 . However, relying on its prior decision in Chung , the Hawai'i Supreme Court stated in [State v.] Valdivia [, 95 Hawai'i 465 , 24 P.3d 661 (2001),] that “in a terroristic threatening prosecution, the prosecution must prove beyond a reasonable doubt that a remark threatening bodily injury is a ‘true threat,’ such that it conveyed to the person to whom it was directed a gravity of purpose and imminent prospect of execution.” 95 Hawai'i at 476 , 24 P.3d at 672 (emphasis”

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