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PEOPLE OF TERRITORY OF GUAM v. BORJA

Nos. 91-10340, 91-10342, 91-10344 and 91-10345.

983 F.2d 914 (1992)

The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellant, v. Juan Francisco BORJA, Defendant-Appellee. The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellant, v. Ignatius Andrew SMITHERS, Defendant-Appellee. The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellant, v. Anthony B. TAIMANGLO, Defendant-Appellee. The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellant, v. Henry Babauta SANTOS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1992.

As Amended January 20, 1993.

Attorney(s) appearing for the Case

J. Andrew Artero-Boname, Asst. Atty. Gen., Agana, Guam, for plaintiff-appellant.

Howard G. Trapp and Scott R. Grigsby, Baumann and Hull, Robert E. Hartsock, Hartsock and Somerfleck, Agana, Guam, for defendants-appellees.

Before: ALARCON, BOOCHEVER, and HALL, Circuit Judges.

BOOCHEVER, Circuit Judge:

The government of Guam appeals the decision of the Appellate Division reversing and 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,...

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