3 Haw. App. 229 - State v. Miyashiro’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[s]ince the government, under HRS § 701-114 ..., must prove venue beyond a reasonable doubt, the defendant may choose, if he wishes, to allow the government to proceed with all of its evidence and in the end seek acquittal on the basis of the government’s failure to do so. This is no more than the defendant has the right to do with regard to any element of the crime with which he is charged.... [[Image here]] ... The government ... failed to meet its burden and [the] defendant was entitled to be acquitted. Even if [the] defendant had not made any motion, the court was required to acquit [the] defendant under [HRPP] 29....”

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

2. “The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses alleged in the charge after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense of offenses.”

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

3. “Proof beyond a reasonable doubt. (1) Except as otherwise provided in section 701-115, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt: (d) Facts establishing venue; ....”

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