Legal Opinion

Government of the Virgin Islands v. Russell

District Court, Virgin Islands

Decided September 5, 1972No. Crim. No. 100-1971PublishedCited by 1 opinion

1Opinion of the CourtYoung, Judge

MEMORANDUM OPINION

Appellant was charged with aggravated assault and battery upon a police officer under 14 V.I.C. § 298(1) *. He *146was tried in the Municipal Court before a judge sitting without a jury, found guilty and sentenced to six months imprisonment. He now assigns two errors on appeal. First, he urges that he is entitled to retroactive benefit of our intervening decision in Government v. Osario, (Nov. 8, 1971), which held that defendants who are entitled to a jury trial under Baldwin v. New York, 399 U.S. 66 (1970) (right exists where possible punishment exceeds six months) must be…

2Cases cited23 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Mapp v. OhioSupreme Court of the United States · 1961
  5. Chimel v. CaliforniaSupreme Court of the United States · 1969

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3Cited by1 opinion

  1. Government of the Virgin Islands v. Edwin Russell, Jr.Court of Appeals for the Third Circuit · 1973

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