Legal Opinion
State v. English
Hawaii Supreme Court
Decided July 26, 1985No. 9872; CR. NO. 58267PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT BY
NAKAMURA, J.
Rule 48(b) of the Hawaii Rules of Penal Procedure (HRPP) mandates the dismissal of a charge if trial is not commenced within prescribed time limits. The question is whether these limits were breached in the prosecution of John English for Robbery in the First Degree. The Circuit Court of the First Circuit held they were not; we conclude they were.
I
English was arrested on September 24, 1980 for a robbery that occurred on the same day at a Gem department store. He was indicted for the offense on March 10, 1981, some five months later, and trial was scheduled…
2Cases cited11 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- United States v. Willie H. DennisCourt of Appeals for the Eighth Circuit · 1980
- United States v. Frank T. McCown United States of America v. Gary Lee Barnes, United States of America v. Gary Leslie BarnesCourt of Appeals for the Ninth Circuit · 1983
- State v. EstencionHawaii Supreme Court · 1981
- United States v. Donald HillegasCourt of Appeals for the Second Circuit · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. JacksonHawaii Supreme Court · 1996
- Kaiser Development Co. v. City & County of HonoluluDistrict Court, D. Hawaii · 1986
- State v. CoyasoHawaii Supreme Court · 1992
- State v. HanawahineHawaii Supreme Court · 1988
- Glover v. Grace Pacific Corp.Hawaii Intermediate Court of Appeals · 1997
6 more not listed; retrieve them via the Exa API.