The People of the Territory of Guam v. District Court of Guam, Robert L. James, Real Party in Interest
Opinion
Opinion
Kilkenny, J.
This cause is before us on a petition for a writ of mandamus to direct the respondent to vacate the stay order which halted the proceedings in Guam v. James, a criminal proceeding pending in the Superior Court of Guam, and for a writ of prohibition directing the respondent to refrain from issuing interlocutory stay orders of criminal trials in the Superior Court of Guam. Additionally, petitioner requests that the relief extend to all interlocutory “appeals” presently docketed in the District Court of Guam.
FACTUAL AND PROCEDURAL BACKGROUND
James, the defendant in a criminal action brought by petitioner in the Superior Court of Guam, filed, pursuant to the District Court of Guam’s Appellate Rules of Procedure, a notice of appeal after the denial of his motion to suppress evidence. After the filing of the notice of appeal, Judge Dueñas of the District Court of Guam, on June 26, 1980, issued an order staying the criminal proceedings in the Superior Court of Guam prior to trial. This petition, which was filed July 10, 1980, followed.
STATUTORY FRAMEWORK
Congress, pursuant to its Art. IV, § 3 powers, created the District Court of Guam, authorized the Guam Legislature to create…