Legal Opinion

Melendez v. Browne

Supreme Court of The Virgin Islands

Decided February 6, 1995No. Civil No. 979/1994PublishedCited by 1 opinion

1Opinion of the CourtAndrews, Judge

MEMORANDUM OPINION AND ORDER

The main issue before the Court is whether a ten-week detention, following a warrantless arrest of a fugitive, without being taken before a judge, is illegal and thus requires custodial release. Luis Melendez, the petitioner herein, challenges his detention via a Writ of Habeas Corpus, and asserts that his Due Process rights were violated. The Government responds that Melendez' lengthy detention does not warrant his release since it did not exceed the 90-day detention limit permitted by the Criminal Extradition Statute (the Statute). For the reasons stated below,…

2Cases cited11 opinions

  1. County of Riverside v. McLaughlinSupreme Court of the United States · 1991
  2. Michigan v. DoranSupreme Court of the United States · 1978
  3. Meredith Coleman v. Nyal Frantz, Sheriff of Wells County, IndianaCourt of Appeals for the Seventh Circuit · 1985
  4. Stephen B. Licata v. United States Postal ServiceCourt of Appeals for the Third Circuit · 1994
  5. Harold E. Sivard, Jr. v. Pulaski County, Pulaski County Sheriff's Department, Charlotte Ward-Tillett, Individually and in Her Official CapacityCourt of Appeals for the Seventh Circuit · 1994

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3Cited by1 opinion

  1. Castillo v. TurnbullSuperior Court of The Virgin Islands · 2005

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