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S. Ct. Crim. No. 2017-0036
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S. Ct. Crim. No. 2017-0036
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S. Ct. Crim. No. 2017-0036
S. Ct. Crim. No. 2017-0043
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Case Caption:
Angel Rodriguez v. Bureau of Corrections, et al.
Case Number:
S. Ct. Crim. No. 2017-0036
Date:
03/22/2019
Author:
Hodge, Rhys S.
Citation:
2019 VI 10
Summary:
After the prior appeal decided in Rodriguez v. Bureau of Corrections, 58 V.I. 367 (V.I. 2013), the petitioner filed another petition for a writ of habeas corpus with the Superior Court, which that court denied. There was no error in dismissing this most recent petition for writ of habeas corpus after determining that it was procedurally barred. Because this Court already addressed the petitioner’s due process claims of perjured testimony and prosecutorial misconduct in considering his previous petition seeking a writ of habeas corpus, further review of those claims is denied under the abuse of the writ doctrine. Further, because the United States Court of Appeals for the Third Circuit held on direct appeal that there was sufficient evidence to convict this petitioner of first degree murder and possession of an unlicensed firearm during the commission of a crime of violence, review addressing this same sufficiency of the evidence challenge as raised in the current petition for habeas corpus relief is declined, since consideration by this Court of this fact-based claim would not in any way implicate the role of this Court as the court of last resort for the Virgin Islands with the final authority on issues of Virgin Islands law. Accordingly, the Superior Court’s denial of this petition for writ of habeas corpus is affirmed.
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