Case Caption: Neville Potter v. People of the Virgin IslandsCase Number: S. Ct. Crim. No. 2011-0063Date: 06/15/2012Author: Hodge, Rhys S. Citation: Summary:

Convictions for murder, assault and unauthorized possession of a firearm during the commission of the predicate offenses are affirmed. The contention that the trial court abused its discretion by declining to strike the entire jury after jurors complained about their breakfast and rate of pay is rejected; there is no support provided for the conclusion that the jury in this case was biased or partial, and especially not against the defendant. A defendant's constitutional rights are not violated when his image is placed in a photo array as a result of an investigation, and the photographs used in this case were not unnecessarily or impermissibly suggestive. The relevant record was not provided concerning an argument that the trial court erred in failing to allow a jury view of the defendant's vehicle, and that contention is waived. Any alleged error of the trial court with regard to pointing out the color of defendant's shirt, and the distinction between blue and black, was harmless since the color issue was adequately raised. The declaration of a mistrial after the jury in the prior trial became deadlocked, followed by retrial, did not violate defendant's right against Double Jeopardy. The judgment and convictions are affirmed.

Attachment: Open Document or Opinion