46.1808 Retrial de novo-District court.

Cite as [A.S.C.A. § 46.1808]

(a) Any accused who is found guilty by

a village court shall be informed by the court of his right to have his case retried de novo before the district court of American Samoa; provided, he requests such a retrial within 10 days of the pronouncement of judgment.

(b) If the accused informs the village court that he desires a retrial before the district court, the village court shall vacate the judgment and the pulenu’u shall refer the case to the Attorney General.

(c) If the Attorney General determines that prosecution of the case is justified, he shall be responsible for the prosecution before the district court, with the assistance of the pulenu’u. The accused shall be entitled to all the rights of a criminal defendant before the district court.

(d) Upon conviction following a retrial for a violation of village regulations, the District Court may impose only those penalties which the village court could have.

(e) Except for retrials de novo in District Court, there shall be no appeal from or review of village court proceedings. There is no right of appeal from a judgment of the district court entered after a trial de novo.

History: 1969, PL 11-54; and 1979, PL 16-52 § 9.

Amendments: 1979 Specifics of retrial de novo were amended generally.