Case Caption: People of the Virgin Islands, Petitioner, v. Elbe Braithwaite, Respondent.Case Number: S.C. Civ. No. 2007/012Date: 07/06/2007Author: Per CuriamCitation: Summary:

The Government of the Virgin Islands petitions for relief, including mandamus, enjoining the trial court from holding probable cause hearings for defendants summoned to court for an initial appearance in complaint-initiated criminal prosecutions. The Government argues that the filing of a complaint "dispenses with the need for a judicial probable cause examination, "(Mot, for Stay and Pet, for Expedited Writ of Mandamus2.) The Government asks the Court to direct the trial court to vacate its order requiring the hearings in complaint-initiated prosecutions and to prevent the trial court from sanctioning government attorneys who continue to object to its practice of conducting probable cause examinations in such cases. For reasons which follow, the Government's Petition will be denied.

Attachment: Open Document or Opinion