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Hawaii Supreme Court· 12/22/2004

State v. Rivera

Citations

  • 102 P.3d 1044
  • 106 Haw. 146
  • 2004 Haw. LEXIS 813

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 circuit court properly found, as an extrinsic fact, that the defendant’s “commitment for an extended term was necessary for the protection of the public”
  • holding that the circuit court properly found, as an extrinsic fact, that the defendant's \commitment for an extended term was necessary for the protection of the public\
  • noting that “the Blakely majority’s declaration that indeterminate sentencing does not abrogate the jury’s traditional factfinding function effectively excises indeterminate sentencing schemes such as Hawaii’s from the decision’s sixth amendment analysis”
  • noting that \the Blakely majority's declaration that indeterminate sentencing does not abrogate the jury's traditional factfinding function effectively excises indeterminate sentencing schemes such as Hawaii's from the decision's sixth amendment analysis\
  • finding sentence imposed under “indeterminate” sentencing scheme, in which the judge imposes sentencing floor and ceiling within statutory limits and parole board determines actual release date, consistent with Blakely
  • finding sentence imposed under \indeterminate\ sentencing scheme, in which the judge imposes sentencing floor and ceiling within statutory limits and parole board determines actual release date, consistent with Blakely

Source: CourtListener parenthetical corpus (CC0).

Judges: Moon, Levinson, Nakayama, Acoba, Duffy

Read full opinion on CourtListener

Cited by

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

Cites

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

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