Case Caption: Sherbb Elizee v. People of the Virgin IslandsCase Number: S.Ct.Crim. No. 2008-0043Date: 10/01/2010Author: Cabret, Maria M. Citation: Summary:

The Superior Court's instructions to the jury on the elements of aggravated child neglect constitute plain error, and warrant a new trial, because the instructions authorized the jurors to convict the defendant the charged offense if they found she committed a different, uncharged crime--aggravated child abuse. There was, however, sufficient evidence presented at trial to support the defendant's conviction for neglecting her parental duties.

Attachment: Open Document or Opinion