Legal Opinion · Concurring in part, dissenting in part

State v. Hussein.

Hawaii Supreme Court

Decided April 21, 2010No. 28617Published

1Concurring in part, dissenting in part

Opinion by

MOON, C.J., Concurring in Part, and Dissenting, in Part, in which NAKAYAMA, J., Joins.

I concur in the majority’s affirmance of Petitioner’s consecutive sentence based upon the application of the presumption that the sentencing court considered all of the factors set forth in Hawaii Revised Statutes (HRS) § 706-606 before imposing a consecutive sentence, originally promulgated in State v. Sinagoga,1 81 Hawai'i 421, 918 P.2d 228 (App.1996), overruled on other grounds by State v. Veikoso, 102 Hawai'i 219, 227, 74 P.3d 575, 583 (2003). I cannot, however, agree with the inclusion of the…

2Cases cited23 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  3. City of Akron v. Akron Center for Reproductive Health, Inc.Supreme Court of the United States · 1983
  4. Hilton v. South Carolina Public Railways CommissionSupreme Court of the United States · 1991
  5. Dairy Road Partners v. Island Insurance Co.Hawaii Supreme Court · 2000

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