State v. Kotis

3 Citing cases

  1. State v. Abdon

    137 Haw. 19 (Haw. 2016)   Cited 15 times
    Stating that, because Hawaii law requires the jury to determine beyond a reasonable doubt whether a prosecution is timely, the jury must also determine beyond a reasonable doubt whether the statute of limitations was tolled

    This court has noted that “taking judicial notice of the records and files of a case may or may not be proper, depending upon the type of record at issue and the purpose for which it is considered.” State v. Kotis, 91 Hawai'i 319 , 343, 984 P.2d 78 , 102 (1999). Where a trial court seeks to take judicial notice of “its own acts or of the existence of records on file in the same case,” a number of other jurisdictions have held that judicial notice under this circumstance is proper.

  2. State v. Lagat

    97 Haw. 492 (Haw. 2002)   Cited 25 times
    Holding that it was transparent from the record that no unfair surprise nor resulting prejudice ensued from the prosecution's failure to list in the indictment the charge of assault, which was the alleged predicate offense for UEMV, and the jury instructions on assault were not erroneous

    With regard to Lagat's argument that "the Legislature did not intend to use HRS [§] 708-836.5 in the manner in which the state used it," we note that this court has long recognized that, "[w]hen construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself." State v. Kotis, 91 Haw. 319, 327, 984 P.2d 78, 86, reconsideration denied, 91 Haw. 319, 984 P.2d 78 (1999). The construction of a statute is a question of law which the appellate court reviews de novo. . . . Departure from the literal construction of a statute is justified only when such construction would produce an absurd and unjust result and the literal construction is clearly inconsistent with the purposes and policies of the statute.

  3. State v. Viglielmo

    105 Haw. 197 (Haw. 2004)   Cited 20 times
    In State v. Viglielmo, 105 Haw. 197, 210, 95 P.3d 952, 965 (2004), and In Interest of Doe, 76 Haw. 85, 94 n.16, 869 P.2d 1304, 1313 n.16 (1994), the Hawaii Supreme Court cited with approval a statement indicating that the "First Amendment Rights" are identical under the state and federal constitutions.

    " HRS § 1-16 (1993). Kaua, 102 Hawai'i at 7-8, 72 P.3d at 479-480 (quoting Rauch, 94 Hawai'i at 322-23, 13 P.3d at 331-32 (quoting State v. Kotis, 91 Hawai'i 319, 327, 984 P.2d 78, 86 (1999) (quoting State v. Dudoit, 90 Hawai'i 262, 266, 978 P.2d 700, 704 (1999) (quoting State v. Stocker, 90 Hawai'i 85, 90-91, 976 P.2d 399, 404-05 (1999) (quoting Ho v. Leftwich, 88 Hawai'i 251, 256-57, 965 P.2d 793, 798-99 (1998) (quoting Korean Buddhist Dae Won Sa Temple v. Sullivan, 87 Hawai'i 217, 229-30, 953 P.2d 1315, 1327-28 (1998))))))). III.