State v. Hanapi

How courts have described this case

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

• holding that the existence of a constitutionally protected right is a question of law for the court’s determination
• holding that the existence of a constitutionally protected right is a question of law for the court's determination
• concluding that Article XII, Section 7 of the Hawai'i Constitution does not authorize the exercise of traditional and customary native Hawaiian rights on fully developed property
• noting that this court “answer[s] questions of constitutional law by exercising [] independent constitutional judgment based on the facts of the case” under the right/wrong standard
• noting that this court \answer[s] questions of constitutional law by exercising [ ] independent constitutional judgment based on the facts of the case\ under the right/wrong standard
• “When a criminal defendant claims to have been engaged in a constitutionally protected activity, the burden is placed on him or her to show that his or her conduct fell within the prophylactic scope of the constitution’s provision.”

Source: CourtListener parenthetical corpus (CC0).