· 1/10/1994
State v. Lessary
Citations
- 865 P.2d 150
- 75 Haw. 446
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- contrasting \the same conduct\ test with \individuals who perform separate acts that independently constitute separate offenses\
- the supreme court is not bound to give provisions of the Hawai'i Constitution the same interpretations as those given under the United States Constitution
- \The protections must ensure that individuals are not subjected to multiple prosecutions for a single act.\
- double jeopardy clause of state constitution requires application of “same conduct” test
- \[W]e conclude that the interpretation given to the double jeopardy clause by the United States Supreme Court in Dixon does not adequately protect individuals from being `subject for the same offense to be twice put in jeopardy.'\
- “[W]e conclude that the interpretation given to the double jeopardy clause by the United States Supreme Court in Dixon does not adequately protect individuals from being ‘subject for the same offense to be twice put in jeopardy.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lum, Moon, Klein, Levinson, Hayashi
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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