Legal Opinion

Keawe v. State

Hawaii Supreme Court

Decided October 2, 1995No. 17405PublishedCited by 40 opinions

1Opinion of the Court

RAMIL, Justice.

Petitioner-Appellant Jeffrey Keawe appeals from the circuit court’s resentencing order. Keawe argues that his amended sentence, after a successful Hawai'i Rules of Penal Procedure (HRPP) Rule 40 challenge, was “an enhancement of [his] original sentence” and therefore violated the double jeopardy clauses of the Hawai'i and United States Constitutions. For the reasons stated below, we reject Keawe’s argument and affirm the circuit court’s resentencing order.

I. FACTS

On September 30, 1987, Keawe was charged with one count of theft in the second degree (Criminal No. 87-1296) in…

2Cases cited29 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Williams v. New YorkSupreme Court of the United States · 1949
  3. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
  4. Jose Verdugo and Horace Eugene Turner v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  5. People v. McFarlinMichigan Supreme Court · 1973

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3Cited by40 opinions

  1. State v. RauchHawaii Supreme Court · 2000
  2. State v. KauaHawaii Supreme Court · 2003
  3. State v. HaugeHawaii Supreme Court · 2003
  4. State v. RiveraHawaii Supreme Court · 2004
  5. State v. SamonteHawaii Supreme Court · 1996

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

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