Bail Permitted. An appeal may be taken to the Guam Supreme Court by the Attorney General from a final order of the Superior Court made upon the return of a writ of habeas corpus discharging a defendant after his conviction, in all criminal cases prosecuted in a court of record. If an appeal is taken, the defendant shall not be discharged from custody pending a final decision upon the appeal and he shall be retaken into custody if he has been discharged, provided, however, that the Guam Supreme Court may order his release pursuant to Chapter 40 (commencing with § 40.10). NOTE: Section 135.74 supersedes former § 1506. Compare Cal. Penal Code § 1506. Because of the Supreme Court decision in Territory of Guam v. Olsen, 97 S. Ct. 1774, No. 76-439 (1977), the reference in this Section and all others to the Supreme Court of Guam must read the "Appellate Division of the District Court." The Supreme Court of the U.S. held that the Guam Legislature had no power to create a Guam Supreme Court. In 1992, the Legislature passed P.L. 21-147, creating a Supreme Court of Guam under the amended Organic Act. However, this court does not become operational until sometime in the future. That law provided that all references to the Appellate Division should, once again, refer to the Supreme Court of Guam, so that this section may be taken literally once the new Supreme Court of Guam comes into being.
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