Botelho
People of the Territory of Guam v. Botelho
Opinion
Opinion
896 F.2d 555 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The PEOPLE of The TERRITORY OF GUAM, Plaintiff-Appellee, v. Norbert BOTELHO, Defendant-Appellant 1 No. 88-1246. 2 United States Court of Appeals, Ninth Circuit. Submitted May 8, 1989. * Decided Feb. 28, 1990. 3 Before WALLACE and NOONAN, Circuit Judges, and BURNS ** , District Judge 4 MEMORANDUM *** 5 Botelho was convicted by a jury in the superior court of Guam on felony charges of criminal sexual conduct, robbery, and possession and use of a deadly weapon in the commission of a felony. The trial court denied Botelho's motion, made on the day set for trial, for substitution of appointed counsel. The trial court denied his motion to discover mental health records of the government's chief witness and restricted cross examination to preclude inquiry into that witness' history of psychiatric treatment and confinement. In the instructions to the jury, the trial court defined "reasonable…