Opinion No. Oag 10-79, (1979)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the Hawai‘i Constitution affords “greater free speech protection than its federal counterpart”
• reviewing probable cause determinations under a de novo standard on appeal
• no evidence to show defendant willfully failed or refused to comply with lawful order of law enforcement officer
• no evidence to show defendant willfully failed or refused to comply with lawful order of law enforcement officer
• “The trial court’s role is limited to determining the facts 25 that were necessarily found in the course of entering the conviction.”
• The trial court violated defendant’s Sixth Amendment right to a jury trial when it found a disputed fact about the conduct underlying defendant’s assault conviction that had not been established by virtue of the conviction itself.

Source: CourtListener parenthetical corpus (CC0).