Case Caption: Ricardo Mitchell v. Rick T. Mullgrav, Director of the Bureau of CorrectionsCase Number: S. Ct. Civ. No. 2015-0038Date: 10/17/2017Author: Hodge, Rhys S. Citation: Summary: A decision of the Superior Court determining that it lacked jurisdiction over a petition for a writ of habeas corpus because the petitioner had been convicted in the District Court of the Virgin Islands pursuant to its concurrent criminal jurisdiction is reversed. While the Superior Court is not a successor court with respect to cases tried in the District Court pursuant to its concurrent criminal jurisdiction – since the District Court retains such jurisdiction under § 22(c) of the Revised Organic Act of 1954 – by operation of 4 V.I.C. § 76(a), as of October 1, 1991 the District Court of the Virgin Islands was divested of jurisdiction to consider petitions for writ of habeas corpus under territorial habeas corpus law. The Superior Court now serves as the successor court to the District Court with respect to local civil actions, and Section 3 of the Revised Organic Act, 48 U.S.C. § 1561, explicitly provides that “[a]ll persons shall have the privilege of the writ of habeas corpus and the same shall not be suspended except as herein expressly provided” and that “[n]o law shall be enacted in the Virgin Islands which shall . . . deny to any person therein equal protection of the laws.” Because it is a successor court to the District Court with respect to all civil actions, the Superior Court erred when it held that it lacked the authority to entertain the present petition seeking review of local convictions. Accordingly, its April 20, 2015 ruling is reversed, and this case is remanded so that the Superior Court may assume jurisdiction and determine whether petitioner’s habeas corpus petition states a prima facie case for relief and is not otherwise procedurally barred.Attachment: Open Document or Opinion