Appeal on Subic rape case heads for restart.

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Date: June 20, 2008
From: The Manila Times (Manila, Philippines)
Publisher: The Manila Times
Document Type: Article
Length: 485 words

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Byline: William B. Depasupil

Jun. 20--It seems the Court of Appeals division handling the petition for review filed by convicted rapist Daniel Smith is not headed for a decision any time soon.

A Makati Regional Trial Court convicted Smith, a corporal with the US Marines, in 2006 for raping a 22-year-old Filipino known only by her alias "Nicole." Smith, who is detained at the US Embassy in Manila, immediately filed an appeal.

A reason for the long wait on the appeal is related to the mandatory retirement on June 27 of Associate Justice Agustin Dizon, the reviewing justice of the Court of Appeals 16th Division, which is handling the rape case.

With his retirement, sources at the court said a new...

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