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People v. Shymanovitz

August 31, 1998

PEOPLE OF THE TERRITORY OF GUAM, PLAINTIFF-APPELLEE,
v.
JOHN BENJAMIN SHYMANOVITZ, DEFENDANT-APPELLANT.



D.C. No. CR-95-00181A S.C. CF0288-93/ CF0078-94

Before: Stephen Reinhardt, Edward Leavy, and Sidney R. Thomas, Circuit Judges.

The opinion of the court was delivered by: Reinhardt, Circuit Judge

As amended October 14, 1998.

PEOPLE OF THE TERRITORY OF GUAM, PLAINTIFF-APPELLEE,
v.
JOHN BENJAMIN SHYMANOVITZ, DEFENDANT-APPELLANT.

D.C. No. CR-95-00181A S.C. CF0288-93/ CF0078-94

Counsel David J. Highsmith, Highsmith & O'Mallan, Agana, Guam, for the defendant-appellant. David M. Moore, Assistant Attorney General, Agana, Guam, for the plaintiff-appellee.

Before: Stephen Reinhardt, Edward Leavy, and Sidney R. Thomas, Circuit Judges.

The opinion of the court was delivered by: Reinhardt, Circuit Judge

FOR PUBLICATION

Appeal from the Appellate Division of the District Court of Guam Alfred T. Goodwin, Circuit Judge, Alex R. Munson and John S. Unpingco, District Judges, Presiding

Argued and Submitted November 4, 1997--Honolulu, Hawaii

Opinion by Judge Reinhardt

SUMMARY

In this case we consider whether the prosecution may present testimony regarding the contents of sexually explicit gay adult magazines that are found in the residence of a defendant who is being tried on charges of unlawful sexual activity with minors. John Benjamin Shymanovitz appeals his conviction of multiple counts of criminal sexual conduct involving children, assault, and child abuse, on the ground that his trial was tainted by the admission of such testimony, as well as by the admission of the actual texts of ...


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