The People of the Territory of Guam v. Thomas Palomo

The defendant was convicted by a jury of attempted robbery, was sentenced, and appeals.

The appeal presents three issues:

(1) Was defendant’s motion to stay proceedings under 28 U.S.C.A. § 1867 , filed the day of trial, and his oral motion for inspection of juror questionnaires, properly denied?

(2) Was the juror Garrido able to read, write and understand the English language sufficiently to fill out her juror questionnaire form?

(3) Did the indictment charge an offense so that the motion in arrest of judgment was properly denied? We affirm.

I

Defendant moved on the day of trial to stay the proceedings under 28 U.S.C. § 1867 . No motion was made earlier by the defendant to inspect or secure access to the jury records.

Defendant’s motion .to stay proceedings was “on the ground of a substantial failure to comply with the provisions of 28 U.S.C. § 1865 (b) in selecting the petit jury.” The motion was apparently pursuant to 28 U.S.C. § 1867 (a). No sworn statement of facts was filed as required by 28 U.S.C. § 1867 (d).

At the argument on the motion it appeared that defense counsel desired to see and use on voir dire juror questionnaires to establish that the jurors,…