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Hawaii Supreme Court· 1/28/2008

State v. Espiritu

Citations

  • 176 P.3d 885
  • 117 Haw. 127
  • 2008 Haw. LEXIS 15

How courts have described this case

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

  • holding that threatening text messages sent by the defendant to the victim were a writing, but allowing testimony as to their content because evidence supported the conclusion that the messages were unavailable
  • concluding that police report did not qualify under past recollection recorded because the report was not shown to have been made by the witness when the matter was fresh in the witness's memory
  • concluding that police report did not qualify under past recollection recorded because the report was not shown to have been made by the witness when the matter was fresh in the witness’s memory
  • holding that instructions given by the court correctly stating the law did not redress a prosecutor’s misstatements of the law absent a specific curative instruction relating to the misstatements
  • holding that the victim could testify about statements which were admissible under the hearsay exception for party admissions because “if evidence is hearsay admissible under an exception to the rule against hearsay, then testimony about such evidence is admissible”
  • holding prosecutor misstated the law when he implied \special relationship\ must exist between complainant and defendant asserting EMED defense

Source: CourtListener parenthetical corpus (CC0).

Judges: Moon, Levinson, Acoba, Duffy, Nakayama

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named State v. Espiritu

1 other CourtListener record shares this case name.

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.