People v. Flores

10 Citing cases

  1. People v. Mendiola

    2015 Guam 26 (Guam 2015)   Cited 2 times
    Holding that the "essential witness" inquiry is not a Sixth Amendment requirement

    [*P11] We review a Sixth Amendment constitutional speedy trial claim de novo. People v. Flores, 2009 Guam 22 ¶ 9; People v. Mendiola, 1999 Guam 8 ¶ 22. By contrast, "[a] trial court's denial of a defendant's motion to dismiss on statutory speedy trial grounds is reviewed for an abuse of discretion."

  2. People v. Tedtaotao

    2015 Guam 31 (Guam 2015)   Cited 2 times

    The Sixth Amendment of the United States Constitution guarantees that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . ." U.S. Const. amend. VI. The substance of the speedy trial right is defined through analysis of the peculiar facts and circumstances of each case. People v. Flores, 2009 Guam 22 ¶ 41. In evaluating a claimed speedy trial violation, this court employs the four-part balancing test set forth in Barker v. Wingo, 407 U.S. 514, 530, 92 S. Ct. 2182, 33 L. Ed. 2d 101 (1972).

  3. People of Guam v. Naich

    2013 Guam 7 (Guam 2013)   Cited 5 times
    Considering only constitutional speedy trial claim and refusing to consider statutory speedy trial claim that was not "clearly raised"

    We review a constitutional speedy trial claim de novo. People v. Flores, 2009 Guam 22 ¶ 9 (citing People v. Mendiola, 1999 Guam 8 ¶ 22). IV. ANALYSIS

  4. People v. Pugh

    2016 Guam 22 (Guam 2016)   Cited 1 times

    We review the denial of a motion for mistrial for an abuse of discretion. See People v. Flores, 2009 Guam 22 ¶ 9 (citing Caston v. State, 823 So. 2d 473, 492 (Miss. 2002)).

  5. People v. Cruz

    2016 Guam 15 (Guam 2016)   Cited 7 times
    In Cruz, this court held that certain statements made by the prosecutor in closing argument were "improper because they either directly commented on [the defendant's] failure to testify and the implication the jury could draw from that silence, or involved comments only [the defendant] could contradict or refute."

    An alleged violation of the Sixth Amendment is reviewed de novo. United States v. Yazzie, 743 F.3d 1278, 1288 (9th Cir. 2014), cert. denied, 135 S. Ct. 227, 190 L. Ed. 2d 172 (2014) (citing United States v. Ivester, 316 F.3d 955, 958 (9th Cir. 2003)); see also People v. Flores, 2009 Guam 22 P 9 (citing People v. Mendiola, 1999 Guam 8 P 22) (reviewing a Sixth Amendment speedy trial claim de novo). IV. ANALYSIS

  6. People v. Diego

    2016 Guam LEXIS 5 (Guam 2016)   Cited 1 times

    When reviewing a constitutional violation, such as a comment on a defendant's invocation of his right to remain silent, the standard of review is harmless error, with a higher burden of proof than for non-constitutional errors. People v. Flores, 2009 Guam 22 ¶ 112 ("The test for harmless error is whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." (quoting Neder v. United States, 527 U.S. 1, 15, 119 S. Ct. 1827, 144 L. Ed. 2d 35 (1999)) (internal quotation marks omitted)).

  7. People v. Taitano

    2015 Guam 33 (Guam 2015)   Cited 1 times

    "[C]laims of insufficient evidence are matters of law that are reviewed de novo." People v. Flores, 2009 Guam 22 ¶ 10 (citing People v. Maysho, 2005 Guam 4 ¶ 6; United States v. Shipsey, 363 F.3d 962, 971 n.8 (9th Cir. 2004)). "'In reviewing the sufficiency of the evidence to support a criminal conviction,' this court inquires as to 'whether the evidence in the record could reasonably support a finding of guilty beyond a reasonable doubt."

  8. People v. De Soto

    2016 Guam 12 (Guam 2016)   Cited 2 times

    Questions regarding the propriety of a rebuttal witness are reviewed for an abuse of discretion. See People v. Flores, 2009 Guam 22 ¶ 117. A prior inconsistent statement may be admitted for impeachment purposes even when they are oral and unsworn.

  9. People v. Manila

    2015 Guam LEXIS 39 (Guam 2015)

    "The trial court's denial of a defendant's motion for a new trial is reviewed for an abuse of discretion." People v. Leslie, 2011 Guam 23 ¶ 12 (citing People v. Flores, 2009 Guam 22 ¶ 9).IV. ANALYSIS

  10. People v. Rasauo

    2011 Guam 1 (Guam 2011)   Cited 4 times

    We have stated that we review for an abuse of discretion the denial of a motion to dismiss alleging a violation of the statutory speedy trial periods set forth in 8 GCA § 80.60. People v. Flores, 2009 Guam 22 ¶ 9. We have not previously set forth a standard of review for the grant or denial of a motion to dismiss alleging unnecessary delay in bringing a defendant to trial, in violation of 8 GCA § 80.70(b).