People of the Territory of Guam v. Vincent T. Tedtaotao

Good Law
896 F.2d 371·1990 WL 11047·1990 U.S. App. LEXIS 1900
United States Court of Appeals for the Ninth CircuitFebruary 13, 199088-1054California835 words

Opinion

Opinion

Tang, J.

Vincent Tedtaotao appeals his convictions for murder, attempted murder and use of a deadly weapon. We affirm.

FACTS AND PROCEEDINGS

Based on an incident at a nightclub in Maite, Guam on August 20,1985, the Guam Superior Court territorial grand jury indicted Tedtaotao for (1) the murder of David Untalan, in violation of 9 Guam Code Ann. § 16.30 ; (2) the attempted murder of Danny Camacho, in violation of 9 Guam Code Ann. §§ 13.10 , 16.30; and (3) two counts of use of a deadly weapon, charges which made Tedtaotao subject to an enhanced sentence under 9 Guam Code Ann. § 80.37 .

At trial in the Superior Court of Guam, Tedtaotao claimed self-defense. He sought to present evidence of Untalan’s violent character to prove Untalan was the initial aggressor. The government filed a motion in limine to exclude this evidence. During discussions concerning the motion, the government informally stipulated that Un-talan was the initial aggressor.

The trial court granted the prosecution’s motion. In its order granting the motion, the trial court stated that in light of the prosecution’s stipulation that Untalan was the initial aggressor, the evidence was not admissible to prove that fact. The…

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