9 GCA § 1.30
Former Prosecutions. When Not a Bar to Present Prosecution
View official PDF ↗A prosecution is not a bar within the meaning of §§ 1.24, 1.26 and 1.28 under either of the following circumstances:
(a)The former prosecution was before a court which lacked jurisdiction over the defendant or the offense tried in that court; or
(b)The former prosecution resulted in a judgment of conviction which was held invalid in a subsequent proceeding on a petition for post-conviction relief or similar process, except that any bar as to reprosecution for a greater inclusive offense created by Subsection
(a)of § 1.24 shall apply.
(c)The former prosecution resulted in a plea of guilty or nolo contendere which was held invalid in an appeal under 8 GCA § 130.15(e) and the defendant may be retried as if the former plea had not been entered. COL 3/18/2024 CH. 1 PRELIMINARY PROVISIONS: DEFINITIONS
§ The story of this section
- Enacted by P.L. 15-94 § 4 (bill & sponsor pending — earlier Legislature not yet ingested)
Interpreted by the courts:
- 2005 Guam 6 — People of Guam, Plaintiff-Appellant, v. Jesse Quichocho Manila; Defendant-Appellee (2005) · per Frances M. Tydingco-Gatewood, J. · cited at ¶27
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.