Guam Supreme Court Dismisses Moylan’s Appeal in Tennessen Case

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Guam – The Guam Supreme Court Wednesday dismissed an appeal filed by former Attorney General Doug Moylan in a case against Gene Tennessen.

A release from the court states that the case dates back to 2004 when the trial court which initially heard the case issued a restraining order against then Attorney General Moylan directing him to refrain from any further participation in a criminal case concerning Tennessen.

The restraining order was lifted in 2009.

Moylan filed an appeal of the trial court order, arguing not that the lifting of the order was incorrect, but that the restraining order should have been terminated retroactively to the date of its issuance, and that his constitutional rights had been violated by the restraining order.

However the Guam Supreme Court rejected Moylan’s appeal, concluding that Moylan did not present any evidence of an on-going injury as a result of the restraining order.

As a result, Moylan did not obtain “standing” to file his appeal, which is a pre-requisite for any lawsuit.

Moylan’s appeal was dismissed without reaching the merits of Moylan’s various arguments.

The opinion was authored by Chief Justice F. Philip Carbullido and concurred by Justice Robert J. Torres and Justice Pro Tempore Richard H. Benson.