Case Caption: Jamal Justin Fahie v. Government of the Virgin Islands and, Claude Walker, Attorney General for the U.S. Virgin Islands and, Mildred Trotter, Warden, Golden Grove Adult Correctional FacilityCase Number: S. Ct. Civ. No. 2019-0026Date: 06/08/2020Author: Hodge, Rhys S. Citation: 2020 VI 6Summary: In a habeas corpus proceeding, the argument that the petitioner is entitled to a writ of habeas corpus for actual innocence based on newly discovered evidence as provided in 5 V.I.C. § 1314 is rejected. The statute specifically provides that a writ may be issued if an event taking place after conviction entitles the petitioner to a discharge. Discovering evidence that was not previously available could be such an event and – if that evidence is sufficiently conclusive as to a prisoner’s innocence – it may entitle the prisoner to a discharge. However, the standard that the evidence must meet is extremely high, and the evidence offered in this proceeding simply does not meet that bar. As provided in V.I. Habeas Corpus Rule 1(b)(1), when presented with a petition for a writ of habeas corpus the Superior Court must first determine whether the petition states a prima facie case for relief – that is, whether it states facts that, if true, would entitle the petitioner to discharge or other relief. Here the new evidence in the petition is not sufficient to state a prima facie case, as it is not so conclusive and so persuasive that no reasonable juror would have found petitioner guilty beyond a reasonable doubt. The petitioner has not established that based on the new evidence he would probably be acquitted, much less that the evidence entitles him to release. Thus he has not established a prima facie case for habeas corpus relief, and the Superior Court did not err in its February 11, 2019 order denying the petition. The judgment of dismissal is affirmed.Attachment: Open Document or Opinion