Cite as Truk v. Otokichy (II), 1 FSM Intrm. 133 (Truk 1982)
[ 1 FSM Intrm. 133]
CR. CASE NO. 13-81
CR. CASE NO. 16-81
Offenses before the National Criminal Code's effective date are outside the FSM Supreme Court's jurisdiction. Truk v. Otokichy, 1 FSM R. 133, 134 (Truk 1982).
These cases come before this court pursuant to the Certification of the Question of Jurisdiction to the Supreme Court of the Federated States of Micronesia entered December 10, 1981 by Associate Justice Nakamura of the High Court of the Trust Territory. The authority for the certification is Special Joint Rule No. 1 of the High Court and of the Supreme Court. Since the cases involve the same accusations against the defendants, they are consolidated for this motion.
The Federated States of Micronesia asserts that the cases come within the jurisdiction of the Supreme Court. At oral argument on March 16, 1982, the Federated States of Micronesia and all defendants appeared by counsel. The Governor of
[1 FSM Intrm. 134]
Truk requested that the Federated States of Micronesia handle the two cases. There was no appearance by the State.
These cases and State of Truk v. Michael Otokichy, High Court Criminal Case No. 18-81, present similar issues. In all cases the defendants are accused of several serious crimes in violation of Title 11 of the Trust Territory Code. What follows is a tabulation of the significant dates insofar as this motion is concerned.
|No. 18-81||No. 16-81||No. 13-81|
|Date of alleged offense||3/7/81||5/4/81||5/4/81|
|Filing date of information||11/10/81||10/26/81||5/28/81|
The court finds nothing in the differences in the dates involving Cases No. 13-81 and 16-81 which would cause a departure from the order earlier entered in Case No. 18-81. [See Truk v. Otokichy, 1 FSM Intrm. 127 (Truk 1982).] The Court therefore intends to enter its order accordingly 10 days from the filing of this opinion.
Date: March 29, 1982
/s/ Richard Benson