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Hawaii Supreme Court· 3/3/2010

State v. Fitzwater.

Citations

  • 122 Haw. 354
  • 227 P.3d 520
  • 2010 Haw. LEXIS 47

How courts have described this case

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

  • holding that third-party records “are admissible as business records of the incorporating entity provided that it relies on the records, there are other indicia of reliability, and the requirements of [the Hawaii business records exception] are otherwise satisfied” (emphasis added)
  • noting that \some courts have found it significant that the entity that created the documents did so in connection with a contractual obligation owed to the second entity\
  • outlining HRE Rule 803(b)(6)'s application to third-party business records that have been incorporated into the receiving company's business records
  • noting that because the record did not indicate what kind of test was performed to ensure the speedometer in the officer’s vehicle was reliable, the foundational requirements set forth with respect to the electronic balance in Wallace and Manewa were applicable
  • remanding for entry of judgment of a non-criminal traffic infraction because the evidence did not prove that the defendant exceeded the speed limit by at least thirty miles per hour
  • noting \the record does not clearly establish how the speed check card was produced\

Source: CourtListener parenthetical corpus (CC0).

Judges: Moon, Nakayama, Duffy, Recktenwald, Acoba

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named State v. Fitzwater.

6 other CourtListener records share 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.