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Hawaii Supreme Court· 4/4/2008

State v. Jess

Citations

  • 184 P.3d 133
  • 117 Haw. 381

How courts have described this case

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

  • concluding that the third factor counseled against full retroactive effect of new rule, because “our courts would be inundated with HRPP Rule 40 (2006) petitions filed by defendants who were sentenced to extended terms from as long ago as 1978[.]”
  • concluding that the second factor counseled against full retroactive effect of a new rule requiring extended sentencing facts to be alleged in charging instruments, because prosecutors had long relied on prior case law prohibiting the allegation of such facts in charging instruments
  • determining that resentencing under Act 1 is not unconstitutional and also permitting a circuit court to resentence a criminal defendant under a judicially reformed version of the prior statute governing extended term sentencing
  • abandoning the intrinsic/extrinsic distinction that once governed the kind of aggravating facts that must be alleged in a charging instrument
  • abandoning the intrinsic/extrinsic distinction that once governed the kind of aggravating facts that must be alleged in a charging instrument
  • declining to apply Apprendi retroactively on the grounds that it was being sought in a collateral attack on a final conviction using a new rule

Source: CourtListener parenthetical corpus (CC0).

Judges: Moon, Levinson, Duffy, Nakayama, Acoba

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named State v. Jess

3 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.