Legal Opinion

Monsanto v. Government of the Virgin Islands

Superior Court of The Virgin Islands

Decided December 3, 2007No. SX-06-CV-696Published

1Opinion of the CourtD’Eramo, Judge

MEMORANDUM OPINION AND ORDER

(December 3, 2007)

Petitioner demento Monsanto was convicted of four counts of robbery and sentenced to four (4) concurrent terms of fifteen (15) years. Monsanto filed this habeas petition, requesting release from detention on the grounds that his due process rights were violated when the trial proceeded absent a finding that he was competent to stand trial. For the reasons stated herein, Monsanto’s habeas petition is granted and his release so ordered.

FACTS AND PROCEDURAL BACKGROUND

Following his alleged involvement in an armed robbery on April 22, 2000, Monsanto…

2Cases cited38 opinions

  1. Pate v. RobinsonSupreme Court of the United States · 1966
  2. Wilkinson v. DotsonSupreme Court of the United States · 2005
  3. Penry v. LynaughSupreme Court of the United States · 1989
  4. Drope v. MissouriSupreme Court of the United States · 1975
  5. Robert Vernon Bruce v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976

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