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

1. “Finally ..., [Petitioner] concludes, “it is clear that she had at the very least eight minutes, based on Officer Hirayama’s testimony. [The CW] is a schoolteacher who is clearly mentally facile and well-spoken. She had plenty of time to either fabricate or embellish a story that would turn her into the victim.” We are not convinced .... Several sources in the evidence spoke to the febrile emotional state of the CW at the time, and thus declare to us that the CW’s oral statement was indeed an HRE Rule 803(b)(2) excited utterance ..., considering where applicable, “the nature of the event, the age of the declarant, the mental and physical condition of the declarant, the influences of intervening occurrences, and the nature and circumstances of the statement itself.” Moore, 82 Hawai'i at 221 , 921 P.2d at 141 (citations omitted).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Delos Santos · State v. MacHado

2. “(1) a startling event or condition occurred; (2) the statement was made while the declarant was under the stress of excitement caused by the event or condition; and (3) the statement relates to the startling event or condition.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Delos Santos · State v. MacHado

3. “[A] neighbor ... testified that on September 27, 2001, at about 10:20 p.m., she heard a ruckus at [Petitioner’s] house. “There were screaming, yelling noise, sound like things were breaking.... I heard a woman screaming.... It just sounded like someone was in a serious situation. It sounded very, very loud, like she was hurt, needed help, she was calling out for help.” [The neighbor] called 911. The police arrived within three to five minutes. Maui Police Department (MPD) Sergeant Roy Hirayama (Sergeant Hirayama) testified next. At about 10:22 p.m. that evening, he was dispatched to a reported abuse at [Petitioner’s] house. ... At about 10:30 p.m., Sergeant Hirayama heard the [CW] crying inside the house, so he entered and inquired after her. Sergeant Hirayama recalled, “There was a slight odor of liquor on her breath.” He acknowledged that “she was pretty hysterical or pretty emotional.” When the deputy prosecuting attorney (DPA) started to question Sergeant Hira-yama about what the CW then told him, defense counsel objected to the hearsay, but the [court] admitted it after the DPA cited the excited utterance exception to the hearsay rule.... Sergeant Hirayama’s testimony continued, over interspersed objections by defense counsel ...: Q. Sergeant, thank you. What did the CW tell you happened? A. Okay. She stated to me that she and [Petitioner] had been in a relationship for approximately a year and a half. And they have lived together at the residence for four months. [[Imag”

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