Government of the Virgin Islands v. J.C.

MEMORANDUM OPINION

(June 5, 2006)

The government appealed an order of the Family Division of the Superior Court1 denying its request to transfer the minor appellee to the Superior Court’s Criminal Division. At issue in this appeal is whether a minor may be transferred to the Criminal Division on the basis of having been previously adjudicated delinquent as a minor, even if the offense for which he is presently charged occurred before the act that was the basis of the prior adjudication. For the reasons explained below, we hold that he may not be transferred under these circumstances and thus we…