Legal Opinion

Moolenaar v. Government of the Virgin Islands

District Court, Virgin Islands

Decided November 25, 1996No. D.C. Crim. App. No. 1995/112; T.C. Crim. No. F57/1995Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Appellant, Roy Moolenaar ["Moolenaar" or "appellant"] , ap*178peals his conviction of burglary in the second degree. Appellant's conviction is reversed and remanded.

FACTUAL BACKGROUND

Shortly after midnight on February 18,1994, police responded to a report of a breaking and entering at No. 27 Ross-Taarneberg, St. Thomas, Virgin Islands. At the time of the breaking and entering, the residence was occupied by Ms. Altagracia Hoheb ["Ms. Hoheb"], her three daughters and two grandchildren. Ms. Hoheb was awakened by one of her daughters who had heard a noise outside the house. When…

3Cases cited14 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. United States v. YoungSupreme Court of the United States · 1985
  3. Russell v. United StatesSupreme Court of the United States · 1962
  4. United States v. Roy L. Thomas, Jr.Court of Appeals for the D.C. Circuit · 1971
  5. Stull v. StateSupreme Court of Georgia · 1973

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