Kevin Moran vs. People of the Virgin Islands
Case Caption: Kevin Moran vs. People of the Virgin Islands Case Number: SCT-CRIM-2022-0001Date: 04/08/2022Author: Citation: 2022 VI 9Summary: An application for summary reversal of multiple decisions of the Superior Court denying motions to modify conditions of a defendant’s pretrial release is granted. Although the Superior Court’s orders would not ordinarily qualify as a final judgment because they collectively do not resolve all issues between the parties, and are not interlocutory orders appealable as of right, there is jurisdiction to hear this appeal under the collateral order doctrine since an order denying a motion for modification of bail conclusively determines the disputed question, resolves an important issue completely separate from the merits of the action, and is effectively unreviewable on appeal from a final judgment. The trial court’s decisions regarding the amount of bail and other release conditions are reviewed for abuse of discretion and here summary reversal is warranted, on multiple grounds. The Superior Court committed error in denying this defendant’s motions based on a belief that individuals charged with serious crimes must always be subject to travel restrictions and should be denied permission to leave the Virgin Islands for that reason alone. It also failed to conduct the required individualized conditions of release assessment, and failed to provide a sufficient explanation for its denial of the defendant’s motions to travel. The Superior Court acted contrary to precedents of this Court and the Supreme Court of the United States in basing its decisions to deny this defendant’s motions on considerations not consistent with the purpose of bail and pretrial release, and by failing to conduct an appropriate individualized assessment. The December 15, 2021, December 21, 2021, January 13, 2022, and January 31, 2022 orders are reversed and vacated, and this case is remanded for the Superior Court to consider this defendant’s motions pursuant to the correct legal standard and issue appropriate findings in a manner consistent with this opinion.Attachment:
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