Legal Opinion

State v. Hatori

Hawaii Intermediate Court of Appeals

Decided November 17, 1999No. 22145PublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court by

ACOBA, J.

We hold that a defendant in a criminal ease has no substantial right to a jury nullification instruction, that is, an instruction informing the jury that it may acquit a defendant contrary to the law given by the court and the evidence, or to the deletion of instructions which inform the jury that it must follow the law. Therefore we reject a claim to the contrary raised on appeal by Defendant-Appellant Randolph L. Hatori (Defendant).

We hold further that the legislature may without violating the equal protection clause, impose a greater statutory penalty on a…

2Cases cited34 opinions

  1. Sparf v. United StatesSupreme Court of the United States · 1895
  2. State v. ArceoHawaii Supreme Court · 1996
  3. United States v. DoughertyCourt of Appeals for the D.C. Circuit · 1972
  4. State v. KelekolioHawaii Supreme Court · 1993
  5. Baehr v. LewinHawaii Supreme Court · 1993

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3Cited by6 opinions

  1. KNG CORP. v. KimHawaii Supreme Court · 2005
  2. People v. WallerColorado Court of Appeals · 2016
  3. v. ScottColorado Court of Appeals · 2021
  4. State v. MartinsHawaii Intermediate Court of Appeals · 2004
  5. SCI Management Corp. v. SimsHawaii Supreme Court · 2003

1 more not listed; retrieve them via the Exa API.

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