Kaua v. Frank’s Empirical Analysis

Citation profile

4 federal appellate · 9 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A convicted defendant may be subject to an extended term of imprisonment under section 706-661, if the convicted defendant satisfies one or more of the following criteria: (1) The defendant is a persistent offender whose imprisonment for an extended term is necessary for protection of the public. The court shall not make this finding unless the defendant has previously been convicted of two felonies committed at different times when the defendant was eighteen years of age or older. (2) The defendant is a professional criminal whose imprisonment for an extended term is necessary for protection of the public. The court shall not make this finding unless: (a) The circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood; or (b) The defendant has substantial income or resources not explained to be derived from a source other than criminal activity. (3) The defendant is a dangerous person whose imprisonment for an extended term is necessary for protection of the public. The court shall not make this finding unless the defendant has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct, and this history makes the defendant a serious danger to others. Nothing in this section precludes the introduction of victim-related data in order to establish dangerousness in accord with the Hawaii rules of evidence. (4) ”

   3 later decisions quote this exact passage · from the majority
   e.g. Flubacher v. State. · State v. White

2. “[A] state court decision is contrary to clearly established Federal law, as determined by the Supreme Court, when the state court arrives at a conclusion opposite to that reached by the Supreme Court on a question of law, or when the state court confronts facts that are materially indistinguishable from a relevant Supreme Court precedent and arrives at a result opposite to the Supreme Court. A state court decision is an unreasonable application of clearly established Federal law, as determined by the Supreme Court of the United States when the state court identifies the correct governing legal rule from Supreme Court cases, but unreasonably applies it to the facts of the particular case, or when the state court either unreasonably extends a legal principle from Supreme Court precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply. The unreasonable application clause requires the state court decision to be more than incorrect or erroneous. The state court's application of clearly established law must be objectively unreasonable.”

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

3. “Kaua challenges the Hawaii Supreme Court’s conclusion that Apprendi permits a judge, rather than a jury, to find the facts required to satisfy step two of section 706-662(4)’s sentencing process. The second step requires a sentencing judge to determine if extending the defendant’s sentence is necessary for the protection of the public. This inquiry requires the court to find facts outside of those found by the jury that expose the defendant to an increased sentence. Because Apprendi held that any act other than the fact of a prior conviction that increase the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt, we agree with Kaua that a jury must find the facts required to satisfy step two.”

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