American Samoa Government v. Adams

31 Am. Samoa 2d 112

• Court: High Court of American Samoa
• Decided: January 3, 1997
• Docket: CR No. 06-86
• Status: Published

Opinion

Order on Motions to Proceed In Forma Pauperis and for Relief from Judgment:

Defendant Michael Adams is serving concurrent 30 year prison terms at the Territorial Correctional Facility, following his conviction on two counts of second-degree murder. On January 28, 1997, defendant filed his pro se application 1) for leave to proceed in forma pauperis; and 2) for relief from judgment and sentence entered herein. Defendant essentially seeks to have his sentence amended to allow him-work release and he cites the Federal Rule of Civil Procedure 60(b)(6) — the federal counterpart of the High Court’s Trial Court Rules of Civil Procedure, Rule 60(b)(6). Since the defendant is asking relief for judgment and sentence in a criminal proceeding, Rule of Civil Procedure 60(b)(6) is inapplicable to the present case.

Notwithstanding, the judgment and sentence in question was entered over 10 years ago and is final; it is not open to further reconsideration by the sentencing court at this point in time.¹ Any relief from sentence, in the way of commutation, lies exclusively within the. executive’s competence. See Section 9, Art. IV, Rev'd. Const, of Am. Samoa. . .

The motion to amend sentence to permit work release must be, and is hereby, denied.

It is so ordered.

1 Any appeal from the judgment and sentence of the trial court must be directed to the High Court’s Appellate Division and follow the dictates of A.S.C.A. § 46.2402(a). See American Samoa Government v. Falefatu, 20 A.S.R.2d 127 (App. Div. 1992).