8 GCA § 50.54
Form of Indictment: Standards for Indicting
View official PDF ↗(a)An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a felony or a felony and a related misdemeanor.
(b)The grand jury shall find an indictment when from the evidence presented there is reasonable cause to believe that an indictable offense has been committed and that the defendant committed it.
(c)Special Fictitious Name Indictment means an indictment of a person whose name is unknown but whose identity is established to the satisfaction of a grand jury by means of forensic Deoxyribonucleic Acid
(DNA)testing of evidence. The caption of a special fictitious name indictment shall include a fictitious name, such as “John Doe” or “Jane Doe”, in place of the name of the defendant whose true name is unknown.
§ The story of this section
- Amended by P.L. 29-42 § 1 — introduced as Bill 119-29 · introduced by Ray Tenorio + 2 cosponsors
Interpreted by the courts:
- 2013 Guam 21 — People of Guam, Plaintiff-Appellee, v. Alvin Gerard San Nicolas, Defendant-Appellant (2013) · per Katherine A. Maraman, J. · pinpoints (a) at ¶11
- 2016 Guam 21 — The People of Guam, Plaintiff-Appellee, v. Alvin Gerard San Nicolas, Defendant-Appellant, CRA15-008 (2016) · per Katherine A. Maraman, J. · pinpoints (a) at ¶15
- 2018 Guam 23 — People of Guam, Plaintiff-Appellee, v. Badobino Sablan Taisacan, Defendant-Appellant (2018) · per F. Philip Carbullido, J. · cited at ¶29
- 2024 Guam 16 — In Re: Application of the People of Guam (2024) · per Robert J. Torres, J. · pinpoints (a) at ¶78
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.