Legal Opinion
Territory of Guam v. Borja
Court of Appeals for the Ninth Circuit
Decided December 7, 1992No. Nos. 91-10340, 91-10342, 91-10344 and 91-10345PublishedCited by 4 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
The government of Guam appeals the decision of the Appellate Division reversing *916and remanding for new trials the convictions of Juan Borja, Ignatius Smithers, Henry Santos, and Anthony Taimanglo on the basis of an erroneous jury instruction defining “reasonable doubt.” The questions presented in these consolidated cases are (1) whether an order granting a new trial in a criminal case is a final, appealable decision subject to this court’s jurisdiction, and (2) whether the Appellate Division erred in reviewing an unobjected-to jury instruction for reversible error,…
2Cases cited23 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Holland v. United StatesSupreme Court of the United States · 1955
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Cox Broadcasting Corp. v. CohnSupreme Court of the United States · 1975
- Berman v. United StatesSupreme Court of the United States · 1937
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3Cited by4 opinions
- Government of the Virgin Islands v. Jamel RiveraCourt of Appeals for the Third Circuit · 2003
- The People of the Territory of Guam v. Juan Francisco Borja, the People of the Territory of Guam v. Ignatius Andrew Smithers, the People of the Territory of Guam v. Anthony B. Taimanglo, the People of the Territory of Guam v. Henry Babauta SantosCourt of Appeals for the Ninth Circuit · 1993
- Govt of VI v. RiveraCourt of Appeals for the Third Circuit · 2003
- The People of the Territory of Guam v. Henry Babauta SantosCourt of Appeals for the Ninth Circuit · 1995