People of Guam v Superior Court of Guam [2001] GUSC 26; 2001 Guam 26 (13 December 2001)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Petitioner,

vs.

SUPERIOR COURT OF GUAM,
Respondent,

vs.

OLIVER LINTAG LAXAMANA,
Real Party in Interest.

Supreme Court Case No. WRP01-001
Superior Court Case No. CM0302-01

OPINION

Cite as: 2001 Guam 26

Filed: December 13, 2001

Appeal from the Superior Court of Guam
Argued and submitted on September 18, 2001
Hagåtña, Guam

Appearing for the Petitioner: Angela M. Borzachillo Assistant Attorney General Office of the Attorney General Prosecution Division Suite 2-200E, Judicial Center Bldg. 120 W. O=Brien Dr. Hagåtña, Guam 96910

Appearing for the Real Party in Interest: Richard Parker Arens, Esq. Cunliffe & Cook, P.C. Suite 200 210 Archbishop F.C. Flores St. Hagåtña, Guam 96910

BEFORE: PETER C. SIGUENZA, JR., Chief Justice, F. PHILIP CARBULLIDO, Associate Justice, and BENJAMIN J.F. CRUZ, Justice Pro Tempore.

SIGUENZA, C.J.:

[1] This matter is before the court upon the People=s Emergency Petition for Peremptory Writ of Prohibition, Alternative Writ of Mandate and Stay filed July 12, 2001. Petitioner People of Guam (hereinafter APeople@) seeks this court=s review of: (1) the hearing of an ex parte motion by a judge that was not the assigned ex parte judge for that day; (2) the request by the lower court judge that a specific attorney be present in the courtroom when the People argued its motion; (3) the lower court=s order that the People preserve investigative field notes taken by police officers; and (4) the lower court=s order that the People disclose the preserved field notes to Laxamana. After reviewing the petition and response, and after hearing oral arguments, this court will issue a peremptory writ of mandate directing the lower court to vacate its order requiring the People to disclose the preserved field notes. However, the court declines to grant a peremptory writ of prohibition or alternative writ of mandate with respect to any other conduct by the lower court. This opinion is being issued to further expound this court=s ruling.

I.

[2] Real Party in Interest and Defendant Oliver Lintag Laxamana (hereinafter ALaxamana@) was charged with fourth degree criminal sexual conduct as a misdemeanor and harassment as a petty misdemeanor. During the pretrial stages of the case, the People provided Laxamana with seventeen pages of discovery. After receiving this discovery, Laxamana=s attorney filed an ex parte motion with the judge assigned the case, seeking an order to preserve witness statements and investigative notes taken by the Office of the Attorney General and the Guam Police Department (hereinafter AGPD@) during their investigation of Laxamana. The People were served notice of the ex parte motion and were represented at the ex parte hearing by Assistant Attorney General Barbara P. Cepeda (hereinafter ACepeda@). Following the