8 Guam Code Ann. § 90.23

Section 90.23(a) entitles a defendant who asserts the right to a reasonable doubt instruction to the statutory charge or one similar in meaning.

Territory of Guam v. Borja · filed 1993-01-20(a)

Yang II stands for the proposition that a defendant who asserts his right to have the jury charged with the statutory definition of reasonable doubt is entitled to that charge, or one similar in meaning. It does not mandate that defendants who agree to a jury instruction that affords them greater protection, without any attempt to object or any indication that it would be futile to do so, receive new trials.

Section 90.23(a) permits trial judges to vary from its reasonable doubt instruction when the alternative properly states the government’s burden of proof.

The People of the Territory of Guam v. Jae Hung Yang · filed 1986-09-25(a)

In Guam v. Hilton, ... the Appellate Division of the District Court of Guam held that section 90.23 permitted trial judges to vary from the reasonable doubt instruction set forth in subsection (a). ... They control. ... The trial court’s earlier instruction on the nature of reasonable doubt was a permissible formulation of the government’s burden of proof, at least in the absence of objections.

Section 90.23(a) provides a permissive definition of reasonable doubt, but the nonstatutory instruction used here was erroneous under Guam law and required reversal.

The People of the Territory of Guam v. Ibanez · filed 1989-07-19(a)

While recognizing the permissive nature of Guam’s statutory definition, the court nevertheless concluded that the trial court’s definition was erroneous under Guam law. ... On the authority of Yang II, we are compelled to overturn defendant’s conviction on all counts.

Section 90.23(a) defines reasonable doubt for Guam jury instructions, and a defendant who requests that definition is entitled to it or an instruction similar in meaning.

Territory of Guam v. Borja · filed 1992-12-07(a)

Yang II stands for the proposition that a defendant who asserts his right to have the jury charged with the statutory definition of reasonable doubt is entitled to that charge, or one similar in meaning.