Legal Opinion

State v. Estencion

Hawaii Supreme Court

Decided March 31, 1981No. 7455PublishedCited by 60 opinions

1Opinion of the Court

OPINION OF THE COURT BY

LUM, J.

The State of Hawaii appeals from an order of the circuit court dismissing with prejudice the charge of burglary in the second degree (HRS §§ 702-222(l)(b) and 708-811 (1976)) against defendant Aaron Ross Estencion under Rule 48(b), Hawaii Rules of Penal Procedure (HRPP). The court ruled that the State had violated Rule 48(b)(1) by failing to bring defendant to trial within six months after his arrest. Two questions are raised by this appeal. Did the trial court abuse its discretion in finding that there was an absence of. “good cause” 2 for the delay, and did the…

2Cases cited24 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. John A. Hilbert, III v. The Honorable John F. Dooling, Jr., in His Capacity as United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1973
  3. State v. FryHawaii Supreme Court · 1979
  4. United States v. Willie Eugene ClayCourt of Appeals for the Seventh Circuit · 1973
  5. State v. McTagueSupreme Court of Minnesota · 1927

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3Cited by60 opinions

  1. Hathaway v. StateNevada Supreme Court · 2003
  2. State v. HoeyHawaii Supreme Court · 1994
  3. State v. JacksonHawaii Supreme Court · 1996
  4. State v. PulseHawaii Supreme Court · 1996
  5. State v. MillerHawaii Intermediate Court of Appeals · 1983

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

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