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State v. Villados

55 Haw. 394 (Haw. 1974)
State v. Villados

20 Citing cases

  1. Schwartz v. State

    136 Haw. 258 (Haw. 2015)   Cited 36 times
    Stating "[t]his court has implicitly rejected the proposition that a charging instrument that fails to allege an element or the requisite mens rea of an otherwise cognizable crime renders the trial court without criminal jurisdiction"

    Jurisdiction is defined as “the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it.” State v. Villados, 55 Haw. 394 , 396, 520 P.2d 427 , 430 (1974); Matter of Keamo, 3 Haw.App. 360 , 366, 650 P.2d 1365 , 1370 (1982) (same); Sherman v. Sawyer, 63 Haw. 55 , 57, 621 P.2d 346 , 348 (1980) (same); see also Black’s Law Dictionary 980 (10th ed. 2014) (defining jurisdiction as a “court’s power to decide a case or issue a decree”).

  2. Schwartz v. State

    No. SCWC-10-0000199 (Haw. Nov. 19, 2015)

    Jurisdiction is defined as "the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it." State v. Villados, 55 Haw. 394, 396, 520 P.2d 427, 430 (1974);Matter of Keamo, 3 Haw. App. 360, 366, 650 P.2d 1365, 1370 (1982) (same); Sherman v. Sawyer, 63 Haw. 55, 57, 621 P.2d 346, 348 (1980) (same); see also Black's Law Dictionary 980 (10th ed. 2014) (defining jurisdiction as a "court's power to decide a case or issue a decree"). "Jurisdiction of the offense charged and of the person of the accused is a fundamental and indispensable prerequisite to a valid prosecution."

  3. State v. Dwyer

    78 Haw. 367 (Haw. 1995)   Cited 12 times
    Determining that a thirty-two month delay was sufficient to allow prong two to weigh in favor of the defendant

    We note also that the circuit courts in this state are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 520 P.2d 427 (1974). As such, "jurisdiction extends to all matters properly brought before them, unless precluded by constitution or statute."

  4. Daou v. Harris

    139 Ariz. 353 (Ariz. 1984)   Cited 176 times
    Holding that "all legislative enactments relating to procedure shall be deemed rules of court" when they do not conflict with the rules promulgated by the supreme court

    In making such a determination, the presumption is in favor of retention rather than divestiture of jurisdiction. See Dockery v. Central Arizona Light Power Co., 45 Ariz. 434, 443, 45 P.2d 656, 659 (1935); Varnes v. White, 40 Ariz. 427, 431, 12 P.2d 870, 871 (1932); State v. Villados, 55 Haw. 394, 520 P.2d 427, 430 (1974); Paley v. Coca Cola Co., 389 Mich. 583, 593, 209 N.W.2d 232, 235-36 (1973). "Because the divestiture of jurisdiction is a serious matter, before a party can claim that an act or statute has the effect of divesting jurisdiction which has regularly and fully vested, the law in favor of such divestment must be clear and unambiguous."

  5. Sherman v. Sawyer

    63 Haw. 55 (Haw. 1980)   Cited 28 times
    Holding that "the Rules of Civil Procedure cannot be used to extend the jurisdiction of the circuit court"

    The circuit courts are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 397, 520 P.2d 427, 430 (1974). We defined jurisdiction as "the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it."

  6. Nakaoka v. Shizuru

    151 Haw. 510 (Haw. Ct. App. 2022)   Cited 4 times

    The circuit courts are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 397, 520 P.2d 427, 430 (1974). We defined jurisdiction as "the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it." Id. at 396, 520 P.2d at 430.

  7. In re Keamo

    3 Haw. App. 360 (Haw. Ct. App. 1982)   Cited 24 times

    The circuit courts are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 397, 520 P.2d 427, 430 (1974). We defined jurisdiction as "the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it."

  8. Labelle v. McKay Dee Hospital Center

    2004 UT 15 (Utah 2004)   Cited 12 times

    See, e.g.,Pritchard v. State, 788 P.2d 1178, 1181 (Ariz. 1990) (stating that "a presumption exists in favor of [a district court's] retention of jurisdiction, and divestiture . . . cannot be inferred but must be clearly and unambiguously found"); State v. Villados, 520 P.2d 427, 430 (Haw. 1974) (holding that "the law in favor of [divestment of a court's jurisdiction] must be clear and unambiguous"); Paley v. Coca Cola Co., 209 N.W.2d 232, 236 (Mich. 1973) (quoting 19th century Michigan State Supreme Court case that "the law in favor of [divesting a court of jurisdiction] must be clear and unambiguous . . . and leave nothing for the play of doubt and uncertainty").

  9. State v. Kotis

    91 Haw. 319 (Haw. 1999)   Cited 115 times
    Holding that the defendant "had the opportunity to raise the issue [(now challenged on appeal)] . . . in the circuit court, but he did not do so. Inasmuch as he is the party alleging error, it was his burden to raise the issue, and any ambiguity in the circuit court's d i n g may therefore be attributed to him"

    [T]he circuit courts in this state are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 520 P.2d 427 (1974). As such, "jurisdiction extends to all matters properly brought before them, unless precluded by constitution or statute."

  10. State v. Medeiros

    89 Haw. 361 (Haw. 1999)   Cited 24 times
    In Medeiros, a defendant who pled guilty to a charge of unauthorized entry into a motor vehicle filed a motion to enjoin enforcement of chapter 6, article 52 of the Revised Ordinances of the City and County of Honolulu (ROCCH) (Supp.

    In addition, this court has held that the circuit courts in this state are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 520 P.2d 427 (1974). As such, "jurisdiction extends to all matters properly brought before them, unless precluded by constitution or statute."