Aumua v. Government of American Samoa

High Court of American Samoa

Aumua v. Government of American Samoa

1 Am. Samoa 2d 43

CourtHigh Court of American Samoa

DecidedNovember 21, 1980

DocketAP No. 25-79

StatusPublished

This text of 1 Am. Samoa 2d 43 (Aumua v. Government of American Samoa) is published on Counsel Stack Legal Research, covering High Court of American Samoa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aumua v. Government of American Samoa, 1 Am. Samoa 2d 43 (amsamoa 1980).

Pincite

Opinion

PER CURIAM.

This is a direct appeal from the District Court on the issue of whether the defendant in a traffic case may be tried upon an unsworn complaint. Pursuant to law, the police officers of the Government of American Samoa utilize a Uniform Traffic Ticket and Complaint which must be sworn to by the citing officer before a person authorized to administer oaths.

22 ASC 2409 (b) provides in part:

Before any offense shall be heard 'by the court, or any plea taken, there shall be filed with the clerk of the court a complaint signed and sworn to by a police officer of American Samoa which shall set forth the particulars of the alleged offense.

The law is clear. The requirement of a sworn complaint is jurisdictional. The District Court, in this case, had no jurisdiction to proceed with the trial and to sentence the Defendant.

Accordingly, the conviction of the Appellant-defendant is reversed.

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