[DOWNLOAD] "People v. Jung" by In the Supreme Court of Guam " Book PDF Kindle ePub Free

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eBook details

• Title: People v. Jung
• Author : In the Supreme Court of Guam
• Release Date : January 05, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

OPINION Defendant Yanshui Jung (""Jung"") appeals from his convictions of manslaughter, attempted murder, aggravated assault, and related weapons possession special allegations. The jury found Jung not guilty of murder by reason of insanity, but guilty of manslaughter as a lesser included offense of murder. On appeal, Jung argues, inter alia, that (1) the trial court erred in failing to instruct the jury to not consider any lesser included offense if they found Jung not guilty by reason of insanity on the greater offense; (2) the trial court erred in failing sua sponte to give an instruction on diminished capacity; (3) his convictions for the lesser included offenses cannot stand because they were beyond the statute of limitations period; and (4) his sentence violated the Double Jeopardy Clause. We find that the jury's determination that Jung was not guilty by reason of insanity on the murder charge precluded a conviction on the lesser included offense (""LIO"") and therefore reverse the manslaughter conviction. Further, we find merit in Jung's argument that the trial court erred in failing to give an instruction, sua sponte, on diminished capacity, and we therefore reverse and remand for a new trial on all other charges for which he was convicted.

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