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← 58 Haw. 249 - State v. Modica

State v. Modica’s Empirical Analysis

1977

Citation profile

54
cited by 54 later decisions
6
states following
December 2024
most recently cited

2 district · 52 state decisions

How this case has been cited

Cited by 54 later decisions — most recently December 2024 · most notably State v. Arceo (1996), State v. Friedman (2000)

2 district · 52 state decisions

140197719801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Newman v. United States · Florida-Georgia Television Co. v. Federal Communications Commission · 48 Wash. 2d 545 - In RE OLSEN v. Delmore · State v. Reed · Hutcherson v. United States

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

  1. “[a] denial of [the] rights [to due process and the equal protection of the laws] would ... result ... if a violation of [a] misdemeanor statute ... would invariably and necessarily constitute a violation of [a] felony provision.... Thus, where the same act committed under the same circumstances is punishable either as a felony or as a misdemeanor, under either of two statutory provisions, and the elements of proof essential to either conviction are exactly the same, a conviction under the felony statute would constitute a violation of the defendant’s rights to due process and the equal protection of the laws. [Modica], 58 Haw. [at] 250-51, 567 P.2d [at] 421-22 ... (citation omitted). The “Módica rule,” which applies equally to the possibility of prosecution and conviction under two differentially classed felonies (for example, under either a class [A] felony statute or a class C felony statute), was expressly reaffirmed in ... Kuuku , 61 Haw. [at] 80-81 [ & n. 1], 595 P.2d [at] 293 [&n. 1]....”
    9 later decisions quote this exact passage · from the majority
  2. “[s]tatutes may on occasion overlap, depending on the facts of a particular case, ... it is generally no defense to an indictment”
    2 later decisions quote this exact passage · from the majority
  3. “No person shall carry concealed or unconcealed on his person a pistol or revolver without being licensed so to do under this section or in compliance with section 134-6.”
    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.