Anthony Duenas Santos v. The People of the Territory of Guam

Anthony Dueñas Santos seeks review of his conviction in the Guam Superior Court on charges of aggravated murder and possession and use of a deadly weapon. His convictions were affirmed by the Guam Supreme Court. This appeal is dismissed for want of jurisdiction.

The Guam Superior Court had original jurisdiction pursuant to 7 GUAM CODE ANN. § 3105. The Guam Supreme Court had jurisdiction pursuant to 7 GUAM C ODE ANN. § 3107(b). Santos timely filed his petition for writ of certiorari in this court pursuant to former 48 U.S.C. § 1424-2 , and his petition was granted on June 18, 2003. We calendared the case for oral argument on April 30, 2004. At the close of argument, we ordered submission for decision, and initiated the lengthy process of obtaining the record from Guam.

On October 30, 2004, Congress amended 48 U.S.C. § 1424-2 striking the language granting to this court, for a period of time which had not yet expired, “jurisdiction to review by writ of certiorari all final decisions of the highest court of Guam from which a decision could be had.” Act of Oct. 30, 2004, Pub.L. No. 108-378, § 2 . The question now presented is whether the jurisdiction previously granted by § 1424-2,…

concurring:

I agree that the recent Congressional enactment has eliminated our jurisdiction to hear the present appeal. Because my analysis differs somewhat from my colleagues, I write separately to explain how existing precedents control this jurisdictional issue and why the number of courts *1055 a litigant can appeal to is not a substantive right.

I.

The Supreme Court’s decisions in Ex parte McCardle, 74 U.S. (7 Wall.) 506 , 19 L.Ed. 264 (1869), and Bruner v. United States, 343 U.S. 112 , 72 S.Ct. 581 , 96 L.Ed. 786 (1952), as well as our own decision in Duldulao v. INS, 90 F.3d 396 (9th Cir.1996), control this appeal. McCardle addressed almost exactly the same issue we have before us: the effect of a Congressional repeal of a jurisdiction-authorizing statute on a pending appeal.

McCardle appealed to the Supreme Court under a then-proper jurisdictional statute on February 5, 1867. 74 U.S. (7 Wall.) at 508 , 19 L.Ed. 264 . The case was argued from March 2 to 9 and taken under advisement. Id. at 507-08 , 19 L.Ed. 264 . On March 27 of that year, Congress repealed the act under which the petitioner’s appeal had been taken. Id. at 508 , 19 L.Ed. 264 . Thus, like the present…

436 F.3d 1051 Anthony Duenas SANTOS, Petitioner, v. The People of the Territory of GUAM, Respondent. No. 03-70472. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 30, 2004. Filed January 3, 2006. David J. Highsmith, Hagatna, Guam, for the petitioner. B. Ann Keith, Assistant Attorney General, Hagatna, Guam, for the respondent. Certiorari to the Supreme Court of Guam. D.C. No. CR-00-00006. Before: SCHROEDER, Chief Judge, GOODWIN and WALLACE, Circuit Judges. GOODWIN, Circuit Judge: 1 Anthony Duenas Santos seeks review of his conviction in the Guam Superior Court on charges of aggravated murder and possession and use of a deadly weapon. His convictions were affirmed by the Guam Supreme Court. This appeal is dismissed for want of jurisdiction. 2 The Guam Superior Court had original jurisdiction pursuant to 7 GUAM CODE ANN. § 3105. The Guam Supreme Court had jurisdiction pursuant to 7 GUAM CODE ANN. § 3107(b). Santos timely filed his petition for writ of certiorari in this court pursuant to former 48 U.S.C. § 1424-2 , and his petition was granted on June 18, 2003. We calendared the case for oral argument on April 30, 2004. At the close of…