Opinion · Hawaii Supreme Court

Rodrigues v. State

52 Haw. 283

Type: Opinion
Court: Hawaii Supreme Court
Jurisdiction: Hawaii
Date: 1970-09-03
Topic: general

How later courts describe this case

“The law intervenes only where the distress inflicted is so severe that no reasonable [person] could be expected to endure it.”

Citator

UpLaw has not yet analyzed Rodrigues v. State. The absence of a flag is not a finding that it is good law.

Cited by: 22 opinions

Per Guriam.

Movants (Plaintiffs-Appellees), ask this court to grant a rehearing for the sole purpose of permitting them to request this court to broaden its mandate to allow the court below, on remand, to consider an issue that was never ruled upon by the lower court and that *284 was never heretofore raised in this appeal. Under Rule 3(b) (3), Rules of the Supreme Court of the State of Hawaii, this issue is not properly before this court, either on the appeal or on a petition for rehearing. State v. Kahua Ranch, 47 Haw. 466 (1964). Our ruling in Levy v. Kimball, 51 Haw. 540 (1970), urged in the motion, does not relieve movants from their failure to raise the issue.

Frank D. Padgett (Padgett, Greeley, Marumoto <& Akinaka of counsel) for the petition.

Motion denied.