Elmour v. Government of the Virgin Islands

MEMORANDUM OPINION

(June 24, 2005)

Brian Peter Elmour [“Elmour” or “appellant”] was convicted in the Superior Court after he pled guilty to the crime of third degree assault. He now faces deportation in a separate proceeding as a result of that conviction and challenges his plea and the effectiveness of his trial counsel. We are now asked to decide:

1) Whether a defense attorney’s representation is ineffective in violation of the Sixth Amendment right to counsel, warranting withdrawal of the guilty plea, where he fails to accurately advise and, in fact, misinforms, an alien defendant regarding…