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GOVERNMENT OF VIRGIN ISLANDS v. CHARLESWELL

Nos. 93-7372, 93-7391.

24 F.3d 571 (1994)

GOVERNMENT OF the VIRGIN ISLANDS, Appellant in No. 93-7372, v. Juniel CHARLESWELL, Appellant in No. 93-7391.

United States Court of Appeals, Third Circuit.

Decided May 20, 1994.

Attorney(s) appearing for the Case

Rosalie Simmonds Ballentine, Atty. Gen., Paul L. Gimenez, Sol. Gen., Frederick Handleman (argued) Asst. Atty. Gen., and Darlene C. Grant, Office of the Atty. Gen., St. Thomas, U.S. VI, for the Government of the Virgin Islands.

Rhys S. Hodge (argued), St. Thomas, U.S. VI, for Juniel Charleswell.

Before: STAPLETON, ALITO, and WEIS, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

Juniel Charleswell was convicted on various criminal charges in the Territorial Court of the Virgin Islands, but the Appellate Division of the District Court of the Virgin Islands reversed and held that he was entitled to a new trial. The Appellate Division concluded that the Territorial Court committed plain error because it gave a curative instruction, instead of declaring a mistrial sua sponte, when the...

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