People of the Territory of Guam, and v. Conrado v. Tendido, And
This text of 535 F.2d 1191 (People of the Territory of Guam, and v. Conrado v. Tendido, And) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
*1192 ORDER
The district court dismissed the petition of removal in this murder case from the new territorial superior court in Guam. The petition of removal was based on defendant’s claim that as the Guam territorial judge’s son had been recently murdered, the judge should not hear this case. We affirm the order dismissing the petition of removal.
We simply do not reach the question of whether any removals to the District Court of Guam are permissible. This criminal case could not have been removed to a federal district court in any of the fifty states. There is no civil rights aspect to the case that would bring 28 U.S.C. § 1443 into play. See Georgia v. Rachel, 384 U.S. 780, 86 S.Ct. 1783, 16 L.Ed.2d 925 (1965).
The removal case issue should be settled. We find that Jones & Guerrero Co., Inc. v. Sealift Pacific, No. 75-3121, in our backlog, a diversity case, is likely to permit resolution of the question. We are proceeding to expedite.
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535 F.2d 1191, 1976 U.S. App. LEXIS 11325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-the-territory-of-guam-and-v-conrado-v-tendido-and-ca9-1976.