The decision by the Superior Court embodied in an order, findings of fact and conclusions of law made after a hearing concerning removal of a juror in the prior criminal prosecution, as directed by this Court in an Order of remand reflecting the law of this case, is affirmed. Although the judgment of a plurality of this Court is that the Superior Court did not commit reversible error under this Court's prior mandate, the concurring Justice agreed with the dissenting Justice that the plurality opinion does not set forth the appropriate test an appellate court must apply when reviewing a trial judge's decision to remove a sitting juror. Because the prior decision in this matter, Dowdye v. People, 55 V.I. 736 (V.I. 2011), rejected all of the other arguments advanced on appeal to challenge defendant's convictions on six counts of murder and unlawful wounding, those convictions are affirmed.
Supreme Court Of The Virgin Islands