COMMONWEALTH OF NORTHERN MARIANA ISLANDS v. MAGOFNA

No. 87-1324.

919 F.2d 103 (1990)

COMMONWEALTH OF the NORTHERN MARIANA ISLANDS, Plaintiff-Appellee, v. Ismael MAGOFNA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum Disposition Filed August 2, 1988.

Submission Withdrawn October 16, 1989.

Resubmitted September 18, 1990.

Decided November 16, 1990.


Attorney(s) appearing for the Case

Marybeth Herald, Fitzgerald, Herald & Bergsma, Saipan, CM, for defendant-appellant.

Raymond D. Buso, Asst. Atty. Gen., Saipan, CM, for plaintiff-appellee.

Before CHOY, GOODWIN and NORRIS, Circuit Judges.


Memorandum Disposition Filed August 2, 1988 (ordering limited remand).

CHOY, Circuit Judge:

Ismael Magofna appeals from a conviction of assault and battery. The only question remaining on this appeal is whether the jury trial statute of the Commonwealth of the Northern Mariana Islands (NMI), 7 CMC § 3101(a), requires that all charges in the same proceeding be submitted to the jury once one charge entitles a defendant to a jury trial. We affirm the appellate...

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