Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 65.10 Pleadings Allowed
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Pleadings in criminal proceedings shall be the indictment, information or complaint, and the pleas of not guilty, not guilty by reason of mental illness, disease or defect, guilty and nolo contendere. All other pleas and demurrers and motions to quash are abolished, and defenses …
8 GCA § 65.15 Motions Which Must be Made Prior to Trial
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Any defense, objection or request which is capable of determination without the trial of the general issue may be raised before trial by motion. Motions may be written or oral at the discretion of the judge. The following shall be raised prior to trial: (a) Defenses and objection…
8 GCA § 65.17 Review of Suppression Orders
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[Repealed] SOURCE: Public Law 13-186. Repealed/reenacted by P.L. 15-94, § 2. Repealed by P.L. 15-147, §§ 11 and 12.] COURT DECISIONS: D.C. GUAM APP. DIV. 1980. Because, by P.L. 12-85 [Court Reorganization Act], the Guam Legislature removed all local jurisdiction from the District…
8 GCA § 65.20 “Omnibus Hearing” or General Hearings Allowed
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The court may, at the time of the arraignment or as soon thereafter as practicable, set a time for the making of pretrial motions or requests and, if required, a later date of hearing. NOTE: Section 65.20 supersedes paragraph 3 of former § 997 and former Rule 12(b). It is substan…
8 GCA § 65.25 When Discovery May be Requested
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(a) At the arraignment or as soon thereafter as is practicable the government may give notice to the defendant of its intention to use specified evidence at trial in order to afford the defendant an opportunity to raise objections to such evidence prior to trial under § 65.15. (b…
8 GCA § 65.30 Joinder of Offenses Encouraged
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(a) The court may order two or more indictments or information or both to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution were unde…
8 GCA § 65.35 When Severance Allowed
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If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide…
8 GCA § 65.40 When Motions are to be Determined; By Whom
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A motion made before trial shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue or until after verdict. An issue of fact shall be tried by a jury if a jury trial is required and not waived. Otherwise issu…
8 GCA § 65.45 Failure to Raise Defenses or Objections; Consequences
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Failure by a party to raise defenses or objections or to make requests which must be made prior to trial, at the time set by the court pursuant to § 65.15, or prior to any extension thereof made by the court, shall constitute a waiver thereof, but the court for cause shown may gr…
8 GCA § 65.50 Verbatim Record Required for All Motions
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A verbatim record shall be made of all proceedings at the hearing, including such findings of fact and conclusions of law as are made orally. NOTE: Section 65.50 is new; it is identical to proposed Rule 12(g) of the Federal Rules of Criminal Procedure, and is present practice.
8 GCA § 65.55 Defective Indictment or Information: Defendant May be Held
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Pending Refiling: Statute of Limitations Not Affected. If the court grants a motion based on a defect in the institution of the prosecution or in the indictment, information or complaint, it may also order that the defendant be held in custody or that prior conditions for his rel…