2009 Published Opinions News Summary

Tue, 19 Mar 2019 13:19:00 GMT

Nancy D'Anna, Esq., (hereafter "D'Anna") seeks to withdraw as court-appointed counsel to Appellant John Hypolite (hereafter "Appellant") in this matter on the ground that Appellant's sole apparent argument for reversing his convictions-that his Sixth Amendment right to effective counsel was purportedly violated-is wholly frivolous because the Superior Court applied the correct legal standard when it rejected Appellant's ineffective assistance of counsel claim. For the following reasons, we dismiss this appeal for lack of jurisdiction without considering the merits of Attorney D'Anna's motion.

Tue, 19 Mar 2019 13:18:00 GMT

Appellant Worldwide Flight Services (hereafter "WWFS") appeals a November 29, 2007 Superior Court order denying its Petition for Writ of Review as well as a February 1, 2008 order denying its motion for reconsideration of the November 29, 2007 order. The Government of the Virgin Islands (hereafter "Government" or "Appellee") contends that these orders should be affirmed because WWFS did not timely file its petition. For the reasons that follow, we shall affirm the trial court with respect to both orders.

Tue, 19 Mar 2019 13:15:00 GMT

This matter came before the Court on a Petition for Extraordinary Writ, which was filed on July 18, 2008 and seeks to have Superior Court Action No. 342/2008 removed to the Supreme Court for consideration by a panel of this Court. Pursuant to our Order of August 14, 2008, the Government of the Virgin Islands ("Respondent") filed an answer to the petition on September 15, 2008, and the Clerk of the Superior Court transmitted a copy of the docket entries to this Court on September 26, 2008.

Tue, 19 Mar 2019 13:14:00 GMT

Appellants Arlington Funding Services, Inc., and Alfred Arcidi (hereafter referred to individually as "Arlington" and "Arcidi" and collectively as "Appellants") appeal from a Superior Court order granting summary judgment to Appellee Wilfredo A. Geigel (hereafter"Geigel" or "Appellee") and dismissing Appellants' complaint. For the following reasons, we shall dismiss Arcidi's appeal for lack of standing and affirm the trial court's judgment with respect to Arlington.

Tue, 19 Mar 2019 13:11:00 GMT

Appellant, Nicole Latalladi(hereafter "Latalladi"), requests this Court to overturn her convictions for forgery and assuming the character of another and order a new trial on the grounds that (1) Latalladi's rights under the Sixth Amendment's Confrontation Clause wereviolated; (2) the Superior Court erred in admitting hearsay evidence; (3) the Superior Court committed reversible error by failing to take the steps necessary to cure juror confusion regarding essential elements of the charged offenses; and (4) Latalladi was convicted on insufficient evidence to find her guilty of any of the charges against her. For the reasons that follow, we shall affirm the Superior Court's judgment.

Tue, 19 Mar 2019 13:10:00 GMT

Appellant, Dwayne Tobal(hereafter "Tobal"), appeals from a Superior Court order denying his Motion for Reduction in Bail and Release from Custody to a Third Party Custodian and granting the Motion for Pre-Trial Detention brought by Appellee, the People of the Virgin Islands (hereafter "the People"). For the reasons which follow, we will reverse the trial court's order and remand for a determination consistent with our decision in Browne v. People, Crim. No. 2008-022, 2008 WL 4132233 (V.I. Aug. 29, 2008), cert. denied, No. 08-4186 (3d Cir. Oct. 29, 2008), and the holdings herein.

Tue, 19 Mar 2019 13:09:00 GMT

Kelvin Dennie ("Dennie") and Arlene Swanston ("Swanston") are the father and mother of a son, Israel, who was born in 1995. Dennie and Swanston have been engaged in an ongoing dispute over the custody of Israel, and, in the instant action, Dennie petitioned the trial court to modify the child custody provisions of a consent decree he agreed to with Swanston. Following an evidentiary hearing, the trial court denied the petition. Dennie moved for reconsideration, arguing among other points, that the trial court erred at the hearing in admitting a report from the Department of Human Services ("DHS") because he was not given a copy of the report prior to the hearing and because the preparer of the report was not available for cross-examination at the hearing. The trial court denied Dennie's motion for reconsideration, and this appeal ensued. Because we agree with Dennie that the trial court abused its discretion in denying his motion for reconsideration, the court's decision will be reversed and the matter remanded for a new hearing.

Tue, 19 Mar 2019 13:08:00 GMT

Appellant Franklin Martinez ("Martinez") challenges the Superior Court's order dismissing his complaint and ordering him to arbitration, and denying both his subsequent motion for reconsideration of the dismissal and his companion motion for stay of the proceedings pending arbitration. Martinez also challenges the award of attorney's fees to Appellee Colombian Emeralds, Inc. ("CEI"). For the reasons stated below, the dismissal of the complaint and award of attorneys'