Legal Opinion
State v. O'BRIEN
Hawaii Supreme Court
Decided July 22, 1985No. 9728; CASE NO. T26:6/16/83PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT BY
LUM, C.J.
Petitioner State of Hawaii seeks review of the April 16,1985 decision of the Intermediate Court of Appeals which held that a defendant charged with driving under the influence of intoxicating liquor (“DUI”) pursuant to Hawaii Revised Statutes (“HRS”) § 291-4 is constitutionally entitled to a trial by jury. Because we are convinced that the ICA’s decision is a correct application of our precedent and our State constitution, we affirm, and reverse and remand this case for retrial before a jury.
I
Defendant Daniel R. O’Brien was issued a DUI citation on May 26, 1983.…
2Cases cited12 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Callan v. WilsonSupreme Court of the United States · 1888
- District of Columbia v. ClawansSupreme Court of the United States · 1937
- Codispoti v. PennsylvaniaSupreme Court of the United States · 1974
- Schick v. United StatesSupreme Court of the United States · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. NakataHawaii Supreme Court · 1994
- State v. HammSupreme Court of New Jersey · 1990
- State v. LauHawaii Supreme Court · 1995
- Philip Landry v. Judge J. Robert Hoepfner and William Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1988
- Blanton v. North Las Vegas Municipal CourtNevada Supreme Court · 1987
22 more not listed; retrieve them via the Exa API.