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Superior Court
About Us
Justices
Chief Justice Rhys S. Hodge
Associate Justice Maria M. Cabret
Associate Justice Ive Arlington Swan
Associate Justice Harold W.L. Willocks
Hours and Locations
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Contact Us
Administration
Offices of the Court
Office of Bar Admissions
Overview
Committee of Bar Examiners
Regular Admissions
Special Admissions
Pro Hac Vice Admissions
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Promulgation and Administrative Orders
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Contact Us
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Unauthorized Practice of Law
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SCT-CIV-2018-0066
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SCT-CIV-2018-0066
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SCT-CIV-2018-0066
S. Ct. Crim. No. 2017-0043
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Case Caption:
Colly Cascen v. People of the Virgin Islands, Julius Wilson, Director of the Virgin Islands Bureau of Corrections, and David Zook, Warden of the Sussex 1 State Prison
Case Number:
SCT-CIV-2018-0066
Date:
03/26/2021
Author:
Hodge, Rhys S.
Citation:
2021 VI 4
Summary:
In a petition for habeas corpus, the Superior Court erred in denying an evidentiary hearing, in violation of 5 V.I.C. § 1311. In general, the Superior Court must hold an evidentiary hearing after it has concluded that a petitioner has alleged a prima facie case for relief, a writ of habeas corpus has been issued, and the respondent has filed a return, as provided in V.I. H.C.R.2(g)(1). In the present case, material factual disputes existed regarding whether the petitioner’s trial counsel was unconstitutionally ineffective. The order of the Superior Court is reversed, and that court is directed to grant the writ and conduct an evidentiary hearing on remand to address these and the other issues regarding ineffective assistance of trial and appellate counsel identified by the petitioner.
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