Legal Opinion
Government of the Virgin Islands v. Smith
Supreme Court of The Virgin Islands
Decided August 15, 2003No. Criminal No. F01/2000PublishedCited by 1 opinion
1Opinion of the CourtSwan, Judge
MEMORANDUM OPINION
(August 15, 2003)
Before the Court is Defendant’s motion to dismiss the charge of negligent homicide by means of a motor vehicle. 20 V.I.C. § 503. Explicating the basis for his motion, Defendant asserts that if the Government prosecutes this case, he will be twice put in jeopardy of a criminal prosecution, in violation of the Fifth Amendment to the United
*295States Constitution. The Fifth Amendment is applicable to the Virgin Islands, because of section 3 of the Revised Organic Act of 1954. For the following reasons, Defendant’s motion will be denied.
FACTS AND PROCEDURAL HISTORY
On…
2Cases cited38 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- United States v. DixonSupreme Court of the United States · 1993
- Whalen v. United StatesSupreme Court of the United States · 1980
- Grady v. CorbinSupreme Court of the United States · 1990
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3Cited by1 opinion
- Dennie v. PeopleSuperior Court of The Virgin Islands · 2017