State v. Burdett

How courts have described this case

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

• holding that when making a determination under the statutory equivalent of 11 Del.C. § 206(b), a court must employ a two-prong analysis which requires first the application of the subsection (b)(1) and then the application of (b)(2) or (b)(3)
• HRS § 711-1106(1)(b) also seeks to “preserve public peace and order” by outlawing conduct which has an adverse “impact on one’s psyche and mental well-being”
• “[A] lesser ... offense is necessarily included in a charge of the greater if the proof necessary to establish the greater offense will of necessity establish the lesser offense.”
• \[A] lesser . . . offense is necessarily included in a charge of the greater if the proof necessary to establish the greater offense will of necessity establish the lesser offense.\
• “ter-roristic threatening requires a mental state that is intentional or reckless.”
• \terroristic threatening requires a mental state that is intentional or reckless.\

Source: CourtListener parenthetical corpus (CC0).

Cited by

16 cases in this archive cite this case.

• State v. Kinnane
  Hawaii Supreme Court· 1995-06-15· cited 86×
• State v. Klinge
  Hawaii Supreme Court· 2000-02-04· cited 86×
• Commonwealth v. Sims
  Supreme Court of Pennsylvania· 2007-04-18· cited 79×
• State v. Friedman
  Hawaii Supreme Court· 2000-04-06· cited 71×
• State v. Alston
  Hawaii Supreme Court· 1994-01-19· cited 63×
• State v. Ruggiero
  Hawaii Supreme Court· 2007-06-05· cited 52×
• State v. Pesentheiner
  Hawaii Intermediate Court of Appeals· 2001-03-05· cited 16×
• State v. Matautia
  Hawaii Intermediate Court of Appeals· 1996-02-27· cited 9×
• State v. Kaeo.
  Hawaii Supreme Court· 2014-02-28· cited 7×
• State v. Willis
  Superior Court of Delaware· 1995-11-21· cited 6×
• State v. Manuel.
  Hawaii Supreme Court· 2020-12-23· cited 6×
• State v. Young.
  Hawaii Intermediate Court of Appeals· 2021-10-29· cited 1×
• State v. Angei
  Hawaii Intermediate Court of Appeals· 2020-06-30
• State v. Matsui
  Hawaii Intermediate Court of Appeals· 2022-03-24
• State v. Correia III. Dissenting Opinion by Ginoza, Chief Judge.
  Hawaii Intermediate Court of Appeals· 2022-06-30
• Timothy Carlton Johnson v. the State of Texas
  Tex. App. Ct., 3rd Dist. (Austin)· 2025-03-28

Cites

5 cases in this archive are cited by this case.

• State v. Feliciano
  Hawaii Supreme Court· 1980-10-22· cited 56×
• People v. Moyer
  New York Court of Appeals· 1970-11-19· cited 35×
• State v. Kupau
  Hawaii Supreme Court· 1980-11-26· cited 27×
• People v. Higgins
  Appellate Court of Illinois· 1967-08-12· cited 25×
• State v. Woicek
  Hawaii Supreme Court· 1981-08-24· cited 13×