Government of the Virgin Islands v. Juniel Charleswell

OPINION OF THE COURT

WEIS

Defendant appeals the trial court's denial of a continuance. We agree that, in the circumstances here, the limited availability of courtrooms did not outweigh defense counsel's need for additional time, necessitated by a sudden family emergency, to prepare for trial. Accordingly, we will grant a new trial. However, we reject the defendant's argument that the absence of a third judge on a panel of the Appellate Division of the District Court of the Virgin Islands deprived the court of power to decide an appeal.

Defendant was convicted on various counts of assault,…