People of Guam v Patrick [2016] GUSC 2 (20 January 2016)

IN THE SUPREME COURT OF GUAM

PEOPLE OF GUAM,
Plaintiff-Appellee,

v.

ZARACKAI PHILLIPPE PATRICK,
Defendant-Appellant.

Supreme Court Case No.: CRA15-003
Superior Court Case No.: CF0546-12

OPINION

Filed: January 20, 2016

Cite as: 2016 Guam 2

Appeal from the Superior Court of Guam
Argued and submitted on July 22, 2015
Hagåtña, Guam

Appearing for Defendant-Appellant: Zachary C. Taimanglo, Esq. Arriola, Cowan & Arriola 259 Martyr St., Ste. 201 Hagåtña, GU 96910

Appearing for Plaintiff-Appellee: Gerald L. Henderson, Esq. Assistant Attorney General Office of the Attorney General Prosecution Division 590 S. Marine Corps Dr., Ste. 706 Tamuning, GU 96913

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; KATHERINE A. MARAMAN, Associate Justice.

CARBULLIDO, J.:

[1] Defendant-Appellant Zarackai Phillippe Patrick appeals from a final judgment convicting him of one count of second degree criminal sexual conduct ("CSC") and one count of child abuse. On appeal, Patrick argues that the trial court erred in (1) refusing to declare a hung jury after extended deliberations, and (2) denying his motion to introduce evidence of the victim's past sexual conduct. For the reasons discussed herein, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2] In September 2012, Zarackai Phillippe Patrick was hosting A.Q.,[1] his wife's niece, at his home while her mother was off-island. She was fifteen years old at the time.[2] One day during her stay, A.Q. called her aunt to ask for an early ride home from school. When she got to her aunt's house, she told her aunt that Patrick had sexually assaulted her the night before, digitally penetrating her vagina and performing cunnilingus. Her aunt notified the police, and Patrick was arrested.

[3]