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46.0501 Conformance with Federal Rules of Criminal Procedure.

Cite as [A.S.C.A. § 46.0501]

Except as otherwise provided in this Code, or by rules adopted by the Chief Justice the criminal procedure in the High Court and in the District Courts shall conform as nearly as may be practical to the Federal Rules of Criminal Procedure.

History: 1962, PL 7-36; 1969, PL 11-54.

Case Notes:

Rule 7(e), Federal Rules of Criminal Procedure, violated because amended information charged defendant with additional offenses not charged in original information. Rule 48(a) should have been followed. Government v. Utu, ASR (1977).

Rule 31(c), Federal Rules of Criminal Procedure, conviction of necessarily included offense, is available under this section. Means impossible to commit greater without first having committed lesser. Verdict may be returned without a specific request for such. Government v. Maleko, ASR (1976).

Criminal procedure in courts of American Samoa shall conform as nearly as may be practical to Federal Rules of Criminal Procedure. RCAS 3.0606. Fanene v. Government. 4 ASR 957 (1968).

Statute explicitly recognizing power of Chief Justice to make exceptions to rules is clearly not inconsistent with constitutional provision for judicial independence. Rev'd Const. Am. Samoa Art. III § 2; A.S.C.A. § 46.0501. American Samoa Government v. Tile, 8 A.S.R.2d 120 (1988).

Reasonable legislative regulation of judicial procedure does not necessarily conflict with judicial independence. Rev'd Const. Am. Samoa Art. III § 2; A.S.C.A. § 46.0501. American Samoa Government v. Tile, 8 A.S.R.2d 120 (1988).

The Chief Justice's rulemaking authority under A.S.C.A. § 46.0501 does not include the power to amend unambiguous legislative enactments setting out the prerequisites to appeal. Fa'amaoni v. American Samoa Government, 20 A.S.R.2d 127 (1992).