The People of the Territory of Guam v. John N. Reyes

John N. Reyes (“Reyes”) appeals from a December 7,1987 decision by the Appellate Division of the District Court for the Territory of Guam (“Appellate Division”) affirming his conviction in the Guam Superior Court for manslaughter and use and possession of a deadly weapon in the commission of a felony. In affirming, the Appellate Division held that “it was not an abuse of discretion or manifest error for the Superior Court to allow the introduction of [a pathologist’s] testimony about his opinion of the position of the victim’s body at the time she was shot.” For the reasons stated below we affirm the decision of the Appellate Division.

FACTS

This case arises out of the September 2, 1984 shooting death of Bernice Brub (“decedent”). Pursuant to 9 Guam Code Ann. § 16.40 (a)(1), (b) and § 80.37, respectively, Reyes was charged with criminal homicide and unlawful possession and use of a deadly weapon in the commission of a felony.

At trial, Reyes testified that he shot Ms. Brub accidentally while he was cleaning his rifle. Guam, however, contended that the shooting was intentional rather than accidental. Consequently, Guam relied in part on the expert testimony of Dr. Hee-Yong Park,…