2008 Published Opinions News Summary

Tue, 19 Mar 2019 14:01:00 GMT

Appellant, the Government of the Virgin Islands (hereafter the "Government") challenges the Superior Court's order dismissing the charges against Selvin Durant (hereafter "Durant") with prejudice and releasing him from custody. For the reasons stated below, we will reverse the trial court's dimissal and release order.

Tue, 19 Mar 2019 13:58:00 GMT

This matter is before the Court on the issue of the timeless of Appellant Clayton Brown, Jr.'s (hereafter "Brown) appeal of his conviction for attempted murder and other related charges. For the reasons which follow, we remand to the Superior Court.

Tue, 19 Mar 2019 13:57:00 GMT

Before the Court is Steven J. Baxter's ("Appellee") motion to dismiss the People of the Virgin Islands's ("Appellant") appeal from an Order of the Superior Court granting Appellee's motion for a new trial. For the reasons elucidated below, this Court will grant Appellee's motion to dismiss the appeal from the grant of a new trial.

Tue, 19 Mar 2019 13:55:00 GMT

Appellants Judi's of St. Croix Car Rental, Linda Denner and Dennis Denner (collectively "Appellants") appeal both the Superior Court order setting aside entry of dismissal and entering judgment in favor of Appellee Jahmeca Weston ("Weston") and the order denying Appellants' Motion for Reconsideration. For the reasons which follow, the order setting aside entry of dismissal and entering judgment for Weston will be reversed and the order denying Appellants' Motion for Reconsideration will be dismissed as moot.

Tue, 19 Mar 2019 13:54:00 GMT

The Virgin Islands Bar, by and through the Ethics and Grievance Committee (the "Bar"), filed two petitions with this Court for disciplinary action against respondent, Attorney Stephen A. Brosch("Brosch"). The two petitions allege that Brosch violated several rules of the Model Rules of Professional Conduct relating to his failure to communicate with clients and remit funds due to clients. In both petitions, the Bar recommends that we disbar Brosch. For the reasons which follow, we find that Brosch has violated some of the most important ethical duties an attorney owes to his clients and that the only appropriate sanction is disbarment.

Tue, 19 Mar 2019 13:52:00 GMT

The Virgin Islands Port Authority ("VIPA") filed a forcible entry and detainer action ("FED") to recover possession of its premises from Patrick Joseph ("Joseph"). Upon finding that Joseph raised a bona fide defense to VIPA's FED complaint, the trial court entered an order dismissing the complaint for lack of subject matter jurisdiction. VIPA filed this appeal, asserting that the trial court erred in ruling that it lacked jurisdiction to consider the FED action. For the reasons which follow, we will reverse the trial court's decision and remand for further proceedings.

Tue, 19 Mar 2019 13:51:00 GMT

This matter is before the Court on Mr. John Calvin Coggin's Application for Admission to the Virgin Islands Bar. For the reasons stated below, the application will be denied.

Tue, 19 Mar 2019 13:50:00 GMT

This matter is before the Court on Mr. John Carter Morgan's Application for Admission to the Virgin Islands Bar. For the reasons stated below, the application will be denied.