Legal Opinion
Government of the Virgin Islands v. James
District Court, Virgin Islands
Decided April 30, 1987No. Civil No. 1986/29; Terr. Court No. 1985/362; Terr. Court No. 1985/363PublishedCited by 4 opinions
1Opinion of the Court
CHRISTIAN, Presiding Judge; O’BRIEN, District Judge and FEUERZEIG, Territorial Court Judge
OPINION OF THE COURT
This appeal requires us to define some of the circumstances under which an habitual offender penalty may be imposed. We hold that the territorial court may sentence a defendant as a recidivist in any matter in which it has jurisdiction over the underlying substantive offense. We hold, moreover, that the territory’s habitual offender statute applies solely to an offense committed after a prior conviction.
I. FACTS
Appellant Edward James is a twice-convicted felon. He was first convicted…
2Cases cited22 opinions
- Rummel v. EstelleSupreme Court of the United States · 1980
- Graham v. West VirginiaSupreme Court of the United States · 1912
- Rhea Dopico v. Neil E. Goldschmidt, Disabled in Action v. Neil E. GoldschmidtCourt of Appeals for the Second Circuit · 1982
- Polius v. Clark Equipment Co.Court of Appeals for the Third Circuit · 1986
- State v. CarlsonAlaska Supreme Court · 1977
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3Cited by4 opinions
- V.I. Coalition of Citizens with Disabilities, Inc. v. Government of the Virgin IslandsSuperior Court of The Virgin Islands · 2005
- Government of the Virgin Islands v. BryanDistrict Court, Virgin Islands · 1990
- Government of the Virgin Islands v. J.C.District Court, Virgin Islands · 2006
- Williams v. Government of the Virgin IslandsSuperior Court of The Virgin Islands · 2009