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SCT-CRIM-2019-0024
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SCT-CRIM-2019-0024
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SCT-CRIM-2019-0024
S. Ct. Crim. No. 2017-0043
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Case Caption:
Jason B. Coulter v. People of the Virgin Islands
Case Number:
SCT-CRIM-2019-0024
Date:
10/01/2021
Author:
Swan, Ive Arlington
Citation:
2021 VI 17
Summary:
Regarding a challenge to the Superior Court’s denial of the defendant’s motion to dismiss the information and criminal charges filed against him, in which he asserted violations of his Sixth Amendment right to a speedy trial, the Court holds that the defendant waived appellate review of the denial of such motion because he entered an unconditional guilty plea, rather than a conditional plea, thereby precluding appellate review of constitutional pretrial issues that materialized before he entered the plea. The defendant’s unconditional plea agreement specifically states that he may only dispute his sentence on appeal, and even though his notice of appeal cites his sentence as the basis for the appeal, his appellate brief completely fails to discuss his sentence, focusing instead on the waived issue of the purported Sixth Amendment speedy trial right violations. The Court further concludes that even if the merits of defendant’s appeal were to have been reached, the Superior Court’s denial of the motion to dismiss based on purported Sixth Amendment speedy trial violations would have been affirmed.
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