No. 22-5678

Eugene Roberts v. Territory of the Virgin Islands

Lower Court: Virgin Islands
Docketed: 2022-09-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation disclosure due-process fifth-amendment giglio-violation internal-affairs internal-affairs-report right-to-counsel sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether the Virgin Islands Supreme Court violated Appellant's constitutional right to due process and right to counsel

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Virgin Islands Supreme Court violated Appellant’s constitutional right to due process and right to counsel by not granting a mistrial based on an in camera review where Appellant was not allowed to participate but the People were. 2. Whether the Virgin Islands Supreme Court violated Appellant’s constitutional right to due process and right to counsel by not granting a mistrial based on an in camera review where Appellant was not allowed to participate but the People were. 3. Whether the Virgin Islands Supreme Court’s failure to require full disclosure of the Internal Affairs’ Use of Force Report pursuant to Brady and Giglio violated Appellant’s constitutionally protected right to due process. i PARTIES TO PROCEEDING AND RELATED CASES All parties appear in the caption of the case on the cover page. e People vs. Roberts, No. SX-2014-CR-00136, Superior Court of the Virgin Islands Division of St. Croix. Judgment entered May 20, 2019. e Roberts vs. People, No. SCT-CRIM-2019-0051, Supreme Court of the Virgin Islands Division of St. Croix. Judgmerit entered April 19, 2022. -ii JURISDICTION The Virgin Islands Supreme entered its judgment on April 19, 2022. No petition for rehearing was filed. This Court’s jurisdiction is invoked pursuant to 28 U.S.C. §1260. CONSTITUTIONAL PROVISIONS AND STATUES INVOLVED Fifth Amendment To The United States Constitution. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Sixth Amendment To The United States Constitution. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-18
Waiver of right of respondent Virgin Islands to respond filed.
2022-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2022)

Attorneys

Eugene Roberts
Renee D. DowlingP.O. box 1047, Petitioner
Renee D. DowlingP.O. box 1047, Petitioner
Virgin Islands
Michael Robert FranciscoDepartment of Justice - Virigin Islands, Respondent
Michael Robert FranciscoDepartment of Justice - Virigin Islands, Respondent