Bitanga v Superior Court of Guam [2000] GUSC 6; 2000 Guam 05 (21 January 2000)

IN THE SUPREME COURT OF GUAM

EDUARDO C. BITANGA,
Director of Corrections, Government of Guam
Petitioner,

vs.

SUPERIOR COURT OF GUAM,
Respondent,

MARK BAMBA ANGOCO,
Real Party in Interest.

OPINION

Supreme Court Case No. WRP99-002
Superior Court Case No. SP0039-98

Filed: January 21, 2000

Cite as: 2000 Guam 5

Original Writ in the Supreme Court of Guam
Argued and submitted on August 19, 1999
Hagåtña, Guam

Appearing for the Plaintiff-Appellee: Angela M. Borzachillo, Assistant Attorney General Office of the Attorney General Prosecution Division 2-200E Judicial Ctr. Bldg. 120 W. O'Brien Drive Hagåtña, Guam 96910

Appearing for the Real Party in Interest: Howard Trapp, Esq. Howard Trapp Inc. 200 Saylor Bldg. 139 Chalan Santo Papa Hagåtña, Guam 96910

BEFORE: BENJAMIN J.F. CRUZ, Chief Justice, RICHARD H. BENSON and JOHN A. MANGLONA, Designated Justices.

CRUZ, CJ.:

[1] This is a writ of prohibition commanding the Superior Court to desist from releasing the Real Party in Interest from custody at the Department of Corrections. For the reasons set forth below, we find that we have jurisdiction over this matter and by separate order issue a Peremptory Writ of Prohibition.

BACKGROUND

[2] Real party in interest, Mark Bamba Angoco (hereinafter, AAngoco@) was convicted of Aggravated Murder in 1995. The Superior Court granted Angoco a Writ of Habeas Corpus that ordered Angoco's release from custody unless The People retried him within thirty days of the conditional writ becoming final. This conditional writ of habeas corpus was entered into the docket on June 23, 1999. That same day, Angoco filed a motion for his release. On June 24, 1999, the people filed their opposition to the motion for release as well as a notice of appeal regarding the court's decision and order and issuance of the Conditional Writ of Habeas Corpus.

[3] The Superior Court, on Angoco's motion for release, ordered that he be released on July 14, 1999. The following day, on July 15, 1999, the people filed an Emergency Petition for a Peremptory Writ of Prohibition, the Alternative Writ of Mandate, or a Stay to this court. Through this Petition, the People requested that Angoco remain in custody pending the outcome of the appeal. On July 19, 1999, we issued an Alternative Writ of Prohibition that vacated the Superior Court's release order and left Angoco in the custody of the Department of Corrections. This proceeding followed.

ANALYSIS

[4] The issue we address is whether the lower court's decision to grant the conditional writ of habeas corpus was appealable. In Browder v. Director, Department of Corrections of Illinois, a convicted felon was unsuccessful on direct appeal and instituted habeas proceedings. Browder v. Director, Department of Corrections of Illinois, 434 U.S. 257, 98 S.Ct. 556 (1978). The habeas court had found that the police lacked probable cause to arrest the petitioner and issued an opinion and order directing that the petitioner be released from custody unless the state retried him within sixty days. Twenty-eight days after entry of the habeas court's order, the respondent moved for a stay of execution of the writ on grounds that the habeas court erred in granting the writ without first conducting an evidentiary hearing to determine if in fact petitioner was arrested without probable cause. An evidentiary hearing was held and the