People of the Territory of Guam v. Enrique B. Taimanglo

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellant, v. Enrique B. TAIMANGLO, Defendant-Appellee. No. 94-10168. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 13, 1995. Decided Feb. 28, 1995. Before: REINHARDT, THOMPSON, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 On June 26, 1984, Enrique B. Taimanglo was convicted of one count each of burglary, second-degree robbery, and possesion and use of a deadly weapon in the commission of a felony. At the conclusion of trial, the presiding judge, Judge Abbate, used the "hesitate to act" definition to instruct the jury on the meaning of reasonable doubt. 1 In Guam, however, the definition of reasonable doubt is proof to a "moral certainty" or any term that adequately conveys this concept. Guam Criminal Procedure Code Sec. 90.23(a); see People of Guam v. Yang, 850 F.2d 507, 512 (9th Cir.1988) (en banc) ("Yang II "). Neither Taimanglo nor the…