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· 5/1/1998

State v. Davia

Citations

  • 953 P.2d 1347
  • 87 Haw. 249
  • 1998 Haw. LEXIS 204

How courts have described this case

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

  • holding that trial court’s failure to establish on the record that defendant’s no contest plea was knowing and voluntary constituted an abuse of discretion that amounted to plain error
  • holding it was plain error for trial court to fail to engage defendant in a colloquy prior to accepting defendant's no contest plea
  • prosecution conceded, and this court held, that district court plainly erred by failing to ensure that defendant-appellant’s no contest plea was knowingly and voluntarily made
  • prosecution conceded, and this court held, that district court plainly erred by failing to ensure that defendant-appellant's no contest plea was knowingly and voluntarily made
  • \The authority of a trial court to select and determine the severity of a penalty is normally undisturbed on review in the absence of an apparent abuse of discretion or unless applicable statutory or constitutional commands have not been observed.\
  • noting the legislature's finding to that effect

Source: CourtListener parenthetical corpus (CC0).

Judges: Moon, Klein, Levinson, Nakayama, Ramil

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.