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State v. Lewis

Citations

  • 12 P.3d 1233
  • 94 Haw. 292

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 prior-to-trial advisement recommended in Tachibana should thereafter be mandated
  • requiring a pretrial advisement regarding the right to testify and the right not to testify
  • describing the comprehensive colloquy - designed to protect the right to testify and the right not to testify - that happens before the start of trial and at the end of trial
  • \[W]e hold the court need not engage in a Tachibana colloquy except where the defendant has indicated that he or she will not testify[.]\
  • “there is nothing to indicate here that Petitioner’s decision to testify was anything other than voluntarily, knowingly, and intelligently made”
  • pretrial advisement “will have the beneficial effect of limiting any post-conviction claim that a defendant testified in ignorance of his or her right not to testify”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moon, Levinson, Nakayama, Ramil, Acoba

Read full opinion on CourtListener

Cited by

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

Cites

13 cases in this archive are cited by this case.

Other cases with this 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.