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Judiciary of the US Virgin Islands
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Superior Court
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of the
Virgin Islands
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SCT-CRIM-2016-0020
S. Ct. Crim. No. 2017-0043
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Case Caption:
Jeff J. Davis v. People of the Virgin Islands
Case Number:
SCT-CRIM-2016-0020
Date:
02/16/2021
Author:
Hodge, Rhys S.
Citation:
2021 VI 2
Summary:
In an appeal from a judgment and commitment finding appellant guilty of first-degree assault, third-degree robbery, and grand larceny, the appellant contends that the People introduced insufficient evidence to sustain his convictions; challenges the propriety of the jury instruction for eyewitness testimony used by the Superior Court, which was based on a model jury instruction utilized by the United States Court of Appeals for the Third Circuit; and argues that the eyewitness identification testimony in this case violated his due process rights. The appellant’s arguments offered as a basis for reversal of the judgment and commitment are all rejected. The People introduced sufficient evidence of the appellant’s identity as the victim’s assailant and robber, and the other issues he asserts on appeal either fail to meet every prong of the plain error test or were errors that were invited by the appellant himself, and therefore cannot serve as the basis for a reversal of the Superior Court’s rulings. The Superior Court’s August 4, 2016 judgment and commitment is affirmed.
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