The People of the Territory of Guam v. Jae Hung Yang

Jae Hung Yang was indicted on July 12, 1982 for kidnapping and first degree criminal sexual conduct, in the territory of Guam. At the conclusion of his trial in the Superior Court of Guam, the trial court instructed the jury on reasonable doubt, giving an instruction that differed from the one set out in the Guam Criminal Procedure Code § 90.23(a). Following his conviction on both counts, Yang appealed to the Appellate Division of the District Court of Guam, alleging, inter alia, that the reasonable doubt instruction given by the trial court was erroneous under Guam law. The Appellate Division upheld Yang’s conviction, relying on its own unpublished decisions as well as unpublished decisions of this court. A divided three-judge panel of this circuit subsequently affirmed the decision, giving substantial deference to the Appellate Division’s interpretation of Guam law. Guam v. Yang, 800 F.2d 945 (9th Cir.1986), opinion withdrawn by, 833 F.2d 1379 (9th Cir.1987). Rehearing en banc was granted to determine: (1) the appropriate standard of review for interpretations of Guam law made by the Appellate Division; (2) whether the courts of Guam may properly rely on unpublished decisions of…