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Hawaii Supreme Court· 9/2/1999

State v. Tafoya

Citations

  • 982 P.2d 890
  • 91 Haw. 261

How courts have described this case

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

  • ruling that evidence of defendant’s prior convictions, inter alia, of assault and terroristic threatening were not admissible under HRE Rule 609(a)
  • holding that the jury, and not the sentencing judge, must find the “intrinsic” facts requisite to enhancing a sentence pursuant to HRS § 706-660.2
  • holding that the facts pertaining to the victim's special status and the defendant’s knowledge of that status were intrinsic to the crime and, hence, that the sixth amendment required that the facts be found by the trier of fact
  • holding that the facts pertaining to the victim's special status and the defendant's knowledge of that status were intrinsic to the crime and, hence, that the sixth amendment required that the facts be found by the trier of fact
  • holding that intrinsic aggravating circumstances “must be alleged in the indictment in order to give the defendant notice that they will be relied on to prove the defendant’s guilt and support the sentence to be imposed.... ”
  • “findings regarding (a) the age ... of the victim and (b) whether ‘[s]uch disability is known or reasonably should be known to the defendant’ entail ‘intrinsic facts’ ” that “the Hawai'i Constitution 4 requires ... be made by the trier of fact”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moon, Klein, Levinson, Nakayama, Ramil

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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