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Schwartz v. State.

Citations

  • 136 Haw. 258
  • 361 P.3d 1161
  • 2015 Haw. LEXIS 310

How courts have described this case

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

  • describing a jurisdictional defect as one that precludes the court from \exercising criminal jurisdiction\
  • \[T]he failure of a charging 4 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER instrument to allege an element of an offense does not constitute a jurisdictional defect that fails to confer subject-matter jurisdiction to the district court.\
  • “[W]here this court 22 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** engages only in statutory construction to elucidate the meaning and application of specific provisions of a statute, we have held that a new rule does not arise.”
  • “[S]ubject-matter jurisdiction is fundamental to a court’s power to act on the merits of a case from the outset of the action; it may be challenged at any time, but jurisdiction does not vacillate during the course of a case depending on the particulars of the matter as it develops.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKenna, Pollack, Kim, Nakayama, Recktenwald

Read full opinion on CourtListener

Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

115 cases in this archive are cited by this case; the 20 most cited are listed.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.