In any criminal action, the defendant is entitled: (a) To a speedy and public trial. (b) To defend in person and with counsel. Every defendant accused of a crime who is financially unable to employ counsel shall be entitled to have counsel assigned at public expense to represent him at every stage of the proceedings from his initial appearance before the court through appeal, unless he waives such appointment. (c) To be informed of the nature and cause of the accusation against him. (d) To be exempt from being called to testify and from testifying against himself. (e) To be allowed to testify in his own behalf; if he fails to testify, such failure shall not be construed as evidence against him; but if he does so testify, he may be cross-examined in the same manner as other witnesses. (f) To have compulsory process issued for obtaining witnesses in his behalf. (g) To produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that:
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(1) Hearsay evidence may be admitted to the extent that it is otherwise admissible in a criminal action under the law of Guam. (2) The deposition of a witness taken in the action may be read to the extent that is otherwise admissible under § 70.70. (h) To appeal. 2024 NOTE: Reference to “Territory” replaced with “Guam” pursuant to 1 GCA § 420. COURT DECISIONS: C.A.9 1969. The first nine Amendments of the U.S. Constitution are made directly applicable to the federal prosecutions in the territory, but only those which are mandated upon the states by the second sentence of the 14th Amendment of the U.S. Constitution are mandated upon Guam by incorporation in the Organic Act of the second sentence of the 14th Amendment of the U.S. Constitution. People v. Inglett, 417 F.2d 123 (1969). D. C.Guam App. Div. 1979. The Prosecutor's reference to Defendant's silence is not in violation of the 5th Amendment of the U.S. Constitution if the reference is not intended to raise, nor does raise, in the jury's mind a negative inference or an inference of guilt of the Defendant. People v. Pador, D.C.Guam, App.Div., Cr. #50-A. Decided January 24, 1978. D.C.Guam App.Div. 1981. The right of defendant Okada to a speedy trial [§ 1.11(a)] was violated when her trial date was postponed to allow the presiding judge to preside over this trial even though a trial date was opened before another court on the scheduled date and there was no reason to show why the trial should not be held on the scheduled date other than the preference of the presiding judge. People v. Okada, D.C.Guam App.Div.1980, Cr.App. #78-00041A; Government's appeal from decision dismissed by Ninth Circuit for lack of authority by the Government to appeal criminal cases to it, People v. Okada, C.A.9 1981, _____ F.2d _____. But Congress corrected the lack of power to appeal when it enacted 48 U.S.C.A. § 1493 in 1984. D.C. GUAM APP. DIV. 1981. This case was remanded to the Superior Court to determine whether, because the counsel in the action was defending two defendants and where it is clear that the counsel emphasized the defense of one person and did not emphasize the defense of the other, this defendant was provided with ineffective counsel. People v. Gleason, D.C. App. Guam 1981, D.C. Cr.App. #79-00048A. [§ 1.11(b)] D.C. GUAM APP. DIV. 1980. Where the appellate court conducts a full examination of the proceedings and decides that the case is wholly frivolous, the court may, and did here, grant the counsel's request to withdraw and to dismiss the appeal. People v. Palomo, D.C. App. Guam 1980, Cr.App. #79-00025A. [§ 1.11(b) and (h)] SUPERIOR COURT 1981. The defendant's right to counsel does not extend to the time of arrest for drunk driving. People v. Eclavea, Sup. Ct. 1981, S.C. Cr. #647-80. COMMENT: Section 1.11 continues the substance of former § 686. See also former Rule 44(a); Cal. Pen. Code § 686. § 1.11 is not intended to be exclusive, see, e.g., Code Civ. Proc. § 680.1(b) (right to jury trial), and is, of course, subject to any constitutional requirements which may exist now or in the future. The Section is retained, however, as a useful catalogue of some of the defendant's more important rights. Subsection (a). The substance of Subsection (a) is reflected in specific provisions which require expeditious handling of criminal proceedings. See, e.g., §§ 45.10 (first appearance); 45.50 (preliminary examination); 80.50-80.60 (trial). Former § 686(1) referred to an “oral” trial. There was no California counterpart, and certainly the provision did not prevent use of written evidence. Subsection (b). Former § 686(2) provided that the defendant was “entitled to be allowed counsel as in civil actions, or to appear and defend in person and counsel.” This was supplemented by former Rule 44(a) the substance of which is incorporated into (b). Implementation of the right to counsel is covered more specifically in this Code by § 45.30 and 45.40. It might be noted that the right to appointed counsel does not extend to a defendant accused of a violation. Subsection (c). This right is implemented in § 45.30 (first appearance) and § 60.10 (arraignment). Subsection (d) and (e). These provisions reflect rights protected by the 5th Amendment. See also § 75.60. Subsection (f). This right is implemented by §§ 75.10, 75.15 (issuance of subpoena). Subsection (g). This Subsection is restated in the form now provided by § 686(3) of the California Penal Code. Obviously, the substance of this “right” is now stated elsewhere. See, e.g., § 70.70 (use of deposition). Subsection (h). This right is implemented by Chapter 130 commencing with § 130.10.
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