People v. Blas
Opinion
4 3 LE a=Jr~'i:%<€GR CG&§.=
I Ur GUI-'=J'VI 2 ,Gaia J'J?lff9g PH .'Zfil1t JUN S: 07 PH 5: 07
3 QLERH CLERK GF OF CGUR?
COURT
4
5 BY:___ BY; udf?t1--- ».._.-_ .
6 IN THE SUPERIOR SUPERIOR COURT OF GUAM
7 PEOPLE OF GUAM, GUAM, )) CRI1\/IINAL CASE NO.
CRIMINAL CASE NO. CF0334-23-01 ) GPD REPORT
GPD REPORT NO. 23-10760
no. 23-
8 ))
9 vs. )
))
10 10 )
THERESA MARIE MARIE AFLLEJE BLAS, ) DECISION AND AND ORDER GRANTING
GRANTING
11 11 DOB: DOB:07/08/1971 07/08/1971 )) MOTION MOTION FOR
FOR LEAVE
LEAVE OF
OF COURT
12 12 )
Defendant. Defendant. )
133 1 > 14 14 INTRODUCTION 15 This matter came before the Honorable This Honorable Maria Maria T.
T.Cenzon
Cenzonon
onJune
June 7,
7, 2024,
2024, for
for aa hearing on
16 16
the the People's Motion for Leave Leave of
ofCourt
Court to
to file
fileaaMotion
Motionfor
forReconsideration
Reconsideration and
and the People's
17 17
18 Motion Motion for for Leave
Leave of
ofCourt
Court to file
file aa Motion
Motion to Disqualify Defense Counsel Counsel ("the
("the Motions"
Motions" or "th
"the
19 19 Motion").
Motion"). Defendant Defendant Theresa
Theresa Marie Aflleje
AfllejeBlas
Blas("Defendant")
("Defendant")was
waspresent
presentand
andrepresented
represented by
20 20 defense counsel Thomas J.
J. Fisher.
Fisher. Acting Chief
ChiefProsecutor
Prosecutor Gloria Ann Rudolph Gloria Ann Rudolph was
was present on
21 behalf of of the
the People of
ofGuam
Guam ("the
("the People").
People").After
Afterthe
thehearing,
hearing,the
theCourt
Courttook
tookthe
the Motion
Motionunder
unde
22 advisement pursuant advisement pursuant to to CVR7.l(e)(6)(D)
CVR 7. 1(€)(6)(D)
ofofthe
the LOCALRULES
LOCAL RULESOF
OFTHE
THESUPERIOR
SUPERIOR COUR
COURT
23 23
24 24 OF GUAM.
GUAM.For Forthe
thepurpose
purpose of
ofefficient
efficientjudicial
judicialeconomy
economyand
and in
in consideration
consideration of
ofthe
the Defendant's
25 assertion of her speedy trial rights, the Court issues issues its
its Decision
Decision and
and Order
Orderfor
for both
both Motions.
Motions.
26 26 After After having
having received
receivedand
andreviewed
reviewedthe
thepapers,
papers, arguments,
arguments, and file herein, and the file herein, the
the Court
Cou
27 27 issues thefollowing issues the following Decision Decisionand
andOrder
OrderGRANTING
GRANTING the
the People
People leave of
of court
court to file
file their
thei
28 28
respective respective motions motions in
in this matter.
matter.
People People v. Blas
Blas
Criminal Criminal Case No, CF0334-23-01 Case No. CF0334-23-0l
Decision and Order
Order Granting
Granting Motion
Motion for Leave of Court P ag e 1l of Page of 4f pa. s
I FACTUAL BACKGROUND PROCEDURAL AND FACTUAL
2 2 This beganon This matter began May 11, onMay 2024,upon
11,2024, thePeople's uponthe filing of People'sfiling the Magistrate's of the Complain Magistrate's Complaint
3 charging defendantof charging defendant the following of the fourth charge offenses: the fourth
following offenses: Promoting Major charge of Promoting Priso Major Prison
4
Contraband (As Contraband Second Degree (As aa Second Felony) and the Degree Felony) charge of the fifth charge Promoting Major of Promoting Priso
Major Prison
5
6 6 (As a Misdemeanor). Subsequently on May 19, Contraband (As Contraband 2023, the 19, 2023, People filed the People Indictmen the Indictment
filed the
7 7 he asserted her
Defendant asserted
the Defendant
arraignment, the
herarraignment, Ather
offenses. At
same offenses.
the same
Defendant of the
charging the Defendant charging
8 speedy trial rights
rights on
onSeptember 2023.
6, 2023
September6,
9 On November
November 3,
3, 2023, the Defendant
2023, the Defendant filed Motion to filed a Motion DisqualifyaaProsecutor, to Disqualify and the Prosecutor, and
10
11 11 People timely
timely opposed
opposed the
the motion
motion on
on November
November17, 2024, the 3,2024,
April3, On April
2023. On
17, 2023. Court issued the Court it
issued its
12 12 Decision and Order Order granting
granting Defendant's
Defendant'sMotion
Motion to
to Disqualify
Disqualify a Prosecutor.
Prosecutor. The
The People
People filed
13 subsequent Motionsfor subsequent Motions forLeave Leaveof
of Court
Court to
to file Counsel on April file a Motion to Disqualify Defense Counsel 14 14 5, 2024, andtotofile
2024, and file a Motion for for Reconsideration The Defendant 2024. The
Reconsideration on April '8, 2024. timely filed Defendant timely
15 15
16 their oppositionsto their oppositions to the
the Motion on April Reconsideration on
Motion for Reconsideration 16, 2024, April 16, and to
2024, and the Motion to to the
16
17 17 Disqualify Disqualify Defense
Defense Counsel
Counsel on
on May
May 3,
3, 2024.
2024.
18 LAW 19 19 Guam law provides the procedure upon which motions may whichmotions bemade
maybe beforethe
madebefore court."An thecourt. "Any
20 20 defense, defense, objection, or
or request
request which is capable
capable of determination without the tnlal ofdetermination genera trial of the general
21
22 issue may may be
be raised
raisedbefore
before trial
trial by motion. Motions may be written or oral at the discretion of the by motion.
22
23 23 judge." 8 GCA judge." 8 The court 65 .15. The
GCA §§65.15. court has the discretion has the discretion to
to allow
allow filings
filings of
ofmotions
motions beyond
beyond set
set time
tim
24 24 limits previously limits ordered by previously ordered by the the court.
court. See
See 8
8 GCA
GCA§§65.45.
65.45. Whether
Whetherthe
the court
court grants
grants requests
requests to
25 . . 1 - . .
file aa late motion file of preserving motion is dependent upon the balancing of due process preserving due and the process and circumstances the circumstances
26 of of the case presentedby aspresented
case as themoving bythe partyfor
movingparty the court's for the See Ungar court's consideration. See v. Sarafite, Unger v. Sarafte,
27 27
28 28 376 U.S.
U.S. 575,
575, 589,
589, 590
590(1964)
(1964) ("There
("There are tests for mechanical tests
are no mechanical denial of a for deciding when a denial
People People v,
v. Blas
Blas
Criminal Case No. CF0334-23-01 CF0334-23-0I
Decision Decision and GrantingMotion and Order Granting Motion for for Leave
Leave of
of Court
Court
Page 22of off4
I continuance 1sis so continuance arbitraryasastoto violate so arbitrary process. The due process.
violate due must be answer must
The answer th found in the be found
2 . . . . . .
circumstances present in every case, particularly in case, particularly the reasons in the presented to the reasons presented trial judge.")
the dual Judge-")
3 DISCUSSION
4
The People the following their respective motions on the People request leave of court to file their grounds.
following grounds.
5
6 6 For For their their Motion thePeople Reconsideration,the
MotionofofReconsideration, asserthat Peopleassert theGuam thathe SupremeCou1"t's GuamSupreme recen Court's recent
7 1 specrn 7 Declaratory Judgment'
Declaratory Judgment on the powers on the available to Powers available the Attorney to the General to Attorney General appoint special to appoint
8 . . . . ..
prosecutors a f e c t s the e c u t o r s affects t ' s analysis t h e Court's
C c o n t a i n e d within a l y s i s contained t h e Court's w l t h l n the Decision 's D l l aand OOrde
rder
9 disqualifying Special Attorney General Joseph Special Assistant Attorney B. McDonald.
Joseph B. See Min. Entry, McDonald. See Mot. Hrg.
Entry, Mot.
10
11 II (June 7, 7, 2024).
2024). Further,
Further,the
thePeople
People assert
assertseveral
severalgrounds
groundsin
intheir pleadingsfor
theirpleadings leave of court, one for leave
12 12 of of which which pertains pertains to the Court's
Court's misapplication
misapplication of
of existing
existing Guam
Guam law,
law, while
whileanother
another pertains
pertains to
13 13 the Court's first impression impression of
of the
the issue. Mot. for Leave of See People Mot.
issue. See Motion Jo of Court to File Motion for 14 Reconsideration (Apr. 8, 2024).
(Apr. 8, For their Motion 2024). For Defense Counsel, Disqualify Defense
Motion to Disqualify the People Counsel, the argu
People argue
15 16 that the the same
same analysis
analysisthat
thatled
ledtotothe
theCourt's
Court's holding in its Decision Decision and Order should and Order appl should also apply
16
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