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State v. Jordan

3 Citing cases

  1. State v. Marley

    54 Haw. 450 (Haw. 1973)   Cited 62 times
    In State v. Marley, 54 Haw. 450, 509 P.2d 1095 (1973), the defendants were charged with violating a trespass statute by conducting a protest at the private offices of Honeywell Corporation in Hawaii.

    This court has recently had occasion to consider the constitutionality of HRS § 771-1, albeit in another context. In State v. Jordan, 53 Haw. 634, 636, 500 P.2d 560, 563 (1972), this court adopted the analysis of Hurley v. Hinckley, 304 F. Supp. 704, 709 (D. Mass. 1969), aff'd sub. nom., Doyle v. O'Brien, 396 U.S. 277 (1970), which construed a remarkably similar provision of Massachusetts statutory law. In Hurley v. Hinckley, supra, and State v. Jordan, supra, defendants were convicted of criminal trespass after failure to depart from the premises "of another" after having been given oral notice to do so.

  2. Goshgarian v. George

    161 Cal.App.3d 1214 (Cal. Ct. App. 1984)   Cited 18 times
    In Goshgarian v. George (1984) 161 Cal.App.3d 1214, 208 Cal.Rptr. 321, the court noted that “punitive damage awards exceeding 10 percent of a defendant's net worth have generally been disfavored by the appellate courts” (id. at p. 1228, 208 Cal.Rptr. 321, italics omitted), and on that basis, concluded that a punitive damage award amounting to approximately 10.7 percent of the defendant's net worth was not unduly disproportionate to his wealth.

    (In fact, this is apparently what cross-defendant Mr. George had in mind in his letter of April 25, 1980.) In any event, "`[t]he State acting through an agency thereof is readily distinguished from any particular member of the general public,'" ( State v. Jordan (1972) 53 Haw. 634 [ 500 P.2d 560, 563], quoting from Hurley v. Hinckley (D.Mass. 1969) 304 F. Supp. 704, 709, affirmed, 396 U.S. 277 [24 L.Ed.2d 469, 90 S.Ct. 603]) and therefore it would not be just to excuse what was otherwise a trespass based upon an easement owned by the County of Fresno. Cross-defendants' reference to Streets and Highways Code section 8306, which deals with the vacation of public street, highway and service easements, is totally inapposite to the present discussion.

  3. State v. Kimball

    54 Haw. 83 (Haw. 1972)   Cited 19 times
    In State v. Kimball, 54 Haw. 83, 503 P.2d 176 (1972), we held that a warrantless arrest is not rendered invalid by the fact that the arresting officer had a pre-empted ordinance in mind rather than a state statute with similar provisions, if the facts known to the arresting officer also constituted probable cause to arrest under the statute.

    People v. Johnson, 6 N.Y.2d 549, 552, 161 N.E.2d 9, 10 (1959). See also State v. Jordan, 53 Haw. 634, 500 P.2d 560 (1972). Thus, we are of the opinion that HRS § 727-24 cannot be deemed unconstitutionally overbroad and for that reason both the defendant's arrest and the search incident thereto are valid.