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S. Ct. Civ. No. 2017-0001
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S. Ct. Civ. No. 2017-0001
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S. Ct. Civ. No. 2017-0001
S. Ct. Crim. No. 2017-0043
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Case Caption:
Hector L. Ledesma v. Government of the Virgin Islands
Case Number:
S. Ct. Civ. No. 2017-0001
Date:
12/12/2019
Author:
Cabret, Maria M.
Citation:
2019 VI 31
Summary:
A habeas corpus petitioner has failed to present any grounds for reversal of the Superior Court’s order denying his request for such relief. Because the minor sex-crime victim was a qualified witness who testified under oath, subject to penalty of perjury, at petitioner’s criminal trial, the Superior Court did not err in admitting that testimony at the evidentiary hearing on his habeas corpus petition. Nor did the Superior Court err in determining that victim’s inherently suspect recantation testimony was unreliable and incredible. Because the Superior Court, in its discretion, rejected the recantation, it did not err in concluding that petitioner’s claim of actual innocence failed under any applicable burden of proof. Accordingly, the Superior Court’s November 16, 2016 order denying a motion to reconsider its October 13, 2016 opinion and order denying habeas corpus relief is affirmed.
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