Legal Opinion

Government of the Virgin Islands v. Steele

Supreme Court of The Virgin Islands

Decided October 29, 1991No. Criminal No. 463/89Published

1Opinion of the CourtHodge, Presiding Judge

MEMORANDUM OPINION

The two questions presented by Defendant’s Motion to Dismiss are: (1) whether 23 V.I.C. 1522(3) creates a criminal offense for a curfew violation, and if not, (2) whether the Governor has the authority to create such a criminal offense. For the reasons which follow, this court answers both questions in the negative, and will grant Defendant’s Motion to Dismiss.

FACTS

On September 17-18, 1989, Hurricane Hugo swept through the Virgin Islands destroying homes and businesses and leaving residents without electricity, water, communication and basic services. The community faced…

2Cases cited10 opinions

  1. Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
  2. The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
  3. Viereck v. United StatesSupreme Court of the United States · 1943
  4. United States v. EatonSupreme Court of the United States · 1892
  5. Virgo Corp. v. PaiewonskyCourt of Appeals for the Third Circuit · 1967

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