Legal Opinion
People v. Simmonds
Superior Court of The Virgin Islands
Decided June 11, 2012No. Case No. SX-05-CR-215PublishedCited by 5 opinions
1Opinion of the CourtDonohue, Presiding Judge
MEMORANDUM OPINION
(June 11, 2012)
THIS MATTER was remanded by the Appellate Division of the United States District Court for the District of the Virgin Islands for further briefing and findings of fact regarding the constitutionality of Title 14, Section 298(5) of the Virgin Islands Code. This statute elevates any assault and battery committed by an adult male on a female to aggravated assault and battery. On its face, Section 298(5) establishes a classification based on gender that is subject to intermediate scrutiny under the Equal Protection Clause of the Fourteenth Amendment to the United…
2Cases cited87 opinions
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- United States v. O'BrienSupreme Court of the United States · 1968
- Craig v. BorenSupreme Court of the United States · 1976
- Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
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3Cited by5 opinions
- In re the Adoption of L.O.F.Supreme Court of The Virgin Islands · 2015
- Webster v. PeopleSupreme Court of The Virgin Islands · 2014
- Alexander v. AlexanderSupreme Court of The Virgin Islands · 2016
- People v. LakeSuperior Court of The Virgin Islands · 2013
- Justin Nigg and Lorraine Nigg v. Marriott Hotel Management Company (Virgin Islands), Inc., CREF3 USVI Hotel Owner, Inc.l, Manitou North America, LLC., Bluewater Construction Inc., Jeremy Henkel, and Project Development Services, Inc.Superior Court of The Virgin Islands · 2024