7 Haw. App. 48 - State v. Arakaki’s Empirical Analysis

Citation profile

14 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. “Conditions of Operation, (a)(1) No person shall operate or use a motor vehicle upon any public street, road, or highway of this State at any time unless such motor vehicle is insured at all times under a no-fault policy. Every owner of a motor vehicle used or operated at any time upon any public street, road, or highway of this State shall obtain a no-fault policy upon such vehicle which provides the coverage required by this chapter and shall maintain the no-fault policy at all times for the entire motor vehicle registration period. (2) The requirements of this subsection may be satisfied by any owner of a motor vehicle if: (A) Such owner provides a surety bond, proof of qualifications as a self-insurer, or other securities affording security substantially equivalent to that afforded under a no-fault policy, providing coverage at all times for the entire motor vehicle registration period, as determined and approved by the commissioner under regulations, and (B) The commissioner is satisfied that in case of injury or death or property damage, any claimant would have the same rights against such owner as the claimant would have had if a no-fault policy had been applicable to such vehicle. (b) Any person who violates the provisions of subsection (a) shall be subject to the provisions of subsection 294-39(a) [regarding penalties]. (c) The provisions of this chapter shall not apply to any vehicle owned by or registered in the name of any agency of the federal government.”

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

2. “The hearsay evidence in Bannister was held to be inadmissible under well-settled principles of evidence law. [Citation omitted.] Neither of the DUI cases which required strict compliance with Chapter 111 of Title 11 of the Hawai‘i Administrative Rules with reference to the testing of the accuracy of the intoxilyzer, State v. Rolison, 6 Haw. App. [569], 733 P.2d 326 (1987); State v. Souza, 6 Haw. App. [554], 732 P.2d 253 (1987), had been decided at the time of the trial of this case. Thus, unlike the disputed evidence in Bannister , the evidence at issue in this case was admitted, but not contrary to well-settled principles of evidence law. We therefore apply the rule that “evidentiary points that involve matters of first impression” in this state constitute “trial error and not any insufficiency of the evidence at trial.” State v. Van Isler, 283 S.E.2d 836, 838 (W. Va. 1981). See also People v. Shirley, 31 Cal. 3d 18 , 723 P.2d 1354 , 181 Cal. Rptr. 243 (1982).”

   1 later decision quote this exact passage · from the majority
   e.g. 9 Haw. App. 130 - State v. Ofa

3. “Where proof of elements of a crime cannot be shown or is difficult to show by direct evidence, “legislatures often provide for the inference of such elements of a crime based upon the existence of other proven facts.” State v. Brighter, 61 Haw. 99, 103 , 595 P.2d 1072, 1075 (1979).”

   1 later decision quote this exact passage · from the majority
   e.g. 7 Haw. App. 532 - State v. Wetzel