Legal Opinion
State v. Cutsinger
Hawaii Intermediate Court of Appeals
Decided February 29, 2008No. 28203PublishedCited by 8 opinions
1Opinion of the Court
Opinion of the Court by
NAKAMURA, J.
The parties agree that pursuant to State v. Maugaotega, 115 Hawai'i 432, 168 P.3d 562 (2007) (hereinafter, “Maugaotega II"), the extended term sentence imposed on Defendant-Appellant Walter Lee Cutsinger (Cut-singer) must be vacated and the case re manded for resentencing. After the decision in Maugaotega II, the Hawaii Legislature enacted Act 1 of the 2007 Second Special Session (hereinafter, “Act 1”), 2007 Haw. Sess. L., Second Special Session-,-, which took effect on October 31, 2007. The question presented by this appeal is whether Act 1 may be applied…
2Cases cited52 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Warth v. SeldinSupreme Court of the United States · 1975
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Gregg v. GeorgiaSupreme Court of the United States · 1976
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3Cited by8 opinions
- State v. JessHawaii Supreme Court · 2008
- Affordable Residential Communities 7, L.L.C. v. Canadian County AssessorCourt of Civil Appeals of Oklahoma · 2006
- Barnett v. StateHawaii Intermediate Court of Appeals · 2009
- Freitas v. StateHawaii Intermediate Court of Appeals · 2010
- Killion v. StateHawaii Intermediate Court of Appeals · 2009
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