Legal Opinion

Joseph v. de Castro

Supreme Court of The Virgin Islands

Decided November 21, 1990No. Civil No. 995/88PublishedCited by 1 opinion

1Opinion of the CourtEltman, Judge

MEMORANDUM OPINION

Rafael O. Joseph seeks a writ of habeas corpus to test the propriety of his transfer from the Golden Grove Correctional Facility to a mainland institution. The Government has moved to dismiss the petition on the grounds that the Territorial Court lacks jurisdiction to grant a writ of habeas corpus. For the reasons which follow, the Court concludes (1) that it has subject-matter jurisdiction, and (2) that the exercise of such jurisdiction should be declined because this controversy is more properly heard in the District Court.

FACTS

In 1973, the petitioner was convicted in the…

2Cases cited17 opinions

  1. Donovan v. City of DallasSupreme Court of the United States · 1964
  2. Government of the Virgin Islands v. Beaumont Gereau, in Nos. 74-2019, 74-2020, 74-2021, 74-2022,74-2023Court of Appeals for the Third Circuit · 1975
  3. Ehrlich-Bober & Co. v. University of HoustonNew York Court of Appeals · 1980
  4. United States Ex Rel. Leguillou v. DavisCourt of Appeals for the Third Circuit · 1954
  5. Ratner v. YoungDistrict Court, Virgin Islands · 1979

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3Cited by1 opinion

  1. Simon v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 2002

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