Public-domain · open source
OpenJurist
← 107 HAW 253 - State v. Gomes

State v. Gomes’s Empirical Analysis

2005

Citation profile

2
cited by 2 later decisions
1
states following
May 2005
most recently cited

1 state decisions

Relationships

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on United States v. Booker · Apprendi v. New Jersey · Blakely v. Washington · Williams v. People of State of New York · State v. Kaua

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

  1. “Gomes was charged by complaint [in Cr. No. 91-0374(2) ] with Sexual Assault in the First Degree, Hawaii Revised Statutes (HRS) § 707-730 (Supp.1992), and Murder in the Second Degree, HRS § 707-701.5 (Supp.1992), allegedly committed on [November 24, 1991], on the island of Maui. At the time of the alleged offense, Gomes was in the company of Lucio Gonzalez [Gonzalez] and James Houdasheldt [Houdash-eldt]. After initially pleading not guilty, Gomes changed his plea on the murder charge to nolo contendere, or “no contest,” on June 26, 1992. In exchange for the change of plea, the prosecution dropped the sexual assault charge. [[Image here]] State v. Gomes, 79 Hawai'i 32, 33 , 897 P.2d 959, 960 (1995) (footnotes omitted). Ultimately, the supreme court ... vaeate[d] the judgment of conviction [and] remanded] to the circuit court for issuance of an order granting Gomes’s HRPP Rule 32(d) motion to withdraw his nolo conten-dere plea[.] Gomes, 79 Hawai'i at 40 , 897 P.2d at 967 . On remand, and pursuant to a jury’s verdict, the circuit court convicted Gomes of the charged offense of sexual assault in the first degree and the included offense of reckless manslaughter. At the July 2, 1996 sentencing hearing, the circuit court first entertained the State’s June 27, 1996 motion for extended terms of imprisonment, in which the State had alleged that Gomes was a “multiple offender” under HRS § 706-662(4)(a) (Supp.1992).... The circuit court noted that the State’s motion was predicated upon t”
    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.