Government of the Virgin Islands v. Davis

FISHER, JORDAN and STAPLETON, Circuit Judges

OPINION OF THE COURT

(March 27, 2009)

FISHER, Circuit Judge

Jimmy Davis appeals from an order entered by the Appellate Division of the District Court of the Virgin Islands affirming his conviction for four counts of first-degree assault, one count of first-degree reckless endangerment, and one count of unauthorized possession of a firearm during a crime of violence. Davis argues on appeal that the prosecutor’s references during trial to his post-arrest, post-Miranda 1 silence violated his right to due process and that, because this error cannot be…