Legal Opinion

People v. Joseph

Superior Court of The Virgin Islands

Decided July 21, 2015No. Case Nos. SX-11-CR-109 and SX-14-CR-164PublishedCited by 1 opinion

1Opinion of the CourtBrady, Judge

MEMORANDUM OPINION AND ORDER

(July 21,2015)

THIS MATTER is before the Court on Defendant’s Motion to Dismiss the Rape Cases Pending against Him on the Grounds that He is Incompetent to Stand Trial (“Motion”), filed October 20, 2014 and the People’s Response, filed December 2, 2014. For the reasons that follow, Defendant’s Motion will be denied.

BACKGROUND

Defendant was released from incarceration in 2007 after serving part of a twenty year sentence following his conviction for rape. In 2011, he was charged for allegedly raping his “girlfriend” and, in a separate incident, was charged in the first…

2Cases cited13 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. United States v. Michael K. LeggettCourt of Appeals for the Third Circuit · 1998
  3. United States v. Lorenzo Nichols, Howard MasonCourt of Appeals for the Second Circuit · 1995
  4. United States v. Donald JonesCourt of Appeals for the Third Circuit · 2003
  5. United States v. VillegasCourt of Appeals for the Second Circuit · 1990

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3Cited by1 opinion

  1. People of the Virgin Islands v. Jamal JosephSuperior Court of The Virgin Islands · 2021

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