Case Caption: Jerris T. Browne v. People of the Virgin IslandsCase Number: SCT- CRIM-2020-0021Date: 05/17/2021Author: Swan, Ive Arlington Citation: 2021 VI 9Summary: The Superior Court’s dismissal without prejudice of a multi-count conspiracy charge is affirmed. Rule 48(a) of the V. I. Rules of Criminal Procedure governs dismissals, and because that Rule does not include the phrase “with leave of the court” in the provision relating to government dismissals and the provision mandates a dismissal predicated on the government’s motion is without prejudice, the Superior Court could not deny the People’s motion to dismiss without prejudice or dismiss with prejudice. Rule 48(a) does not authorize consideration of prosecutorial bad faith as a basis to refuse the government’s Rule 48(a) dismissal. Once filed, the People’s Rule 48(a) motion constituted a new circumstance that made the People’s response to the defendant’s motion to dismiss moot, and the government’s ability to refile charges cannot, without more, justify a Rule 48(b) dismissal or a dismissal with prejudice. In this case, following the court’s approval of the People’s Rule 48(a) dismissal, the defendant’s liberty was not jeopardized, and his freedom was unrestricted, and the government did not engage in any deliberate misconduct that prejudiced him so gravely as to warrant a dismissal with prejudice. Thus, the Superior Court’s approval of the Rule 48(a) dismissal of the charges against this without prejudice is affirmed.Attachment: Open Document or Opinion