Legal Opinion
People v. Elmes
Superior Court of The Virgin Islands
Decided August 30, 2011No. Criminal No. ST-09-CR-614Published
1Opinion of the CourtCarroll, Judge
MEMORANDUM OPINION
(August 30, 2011)
THIS MATTER is before the Court on Defendant Shamari Elmes’s Motion for Mistrial.1 Elmes asks this Court to order a new trial in the interest of justice pursuant to Rule 33 of the Federal Rules of Criminal Procedure2 and Superior Court Rule 135. Having reviewed the Motion and trial transcript, the Court finds that the gang references made during the trial were unfairly prejudicial to Elmes and denied Elmes his right to a fair trial. The Court will, therefore, grant the Motion for Mistrial.
RELEVANT FACTS
The Court held a jury trial in this matter on March 14…
2Cases cited17 opinions
- UNITED STATES of America v. Darus H. ZEHRBACH, Appellant in No. 93-7477. Alex A. Mervis, Appellant in No. 93-7493Court of Appeals for the Third Circuit · 1995
- United States v. William Clinton RoarkCourt of Appeals for the Eighth Circuit · 1991
- United States v. Tamika RileyCourt of Appeals for the Third Circuit · 2010
- Stevens v. PeopleSupreme Court of The Virgin Islands · 2009
- State v. GoodmanNew Jersey Superior Court Appellate Division · 2010
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