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GOVERNMENT OF VIRGIN ISLANDS v. BLAKE

D.C.Crim.App. No. 95-4. Re: Terr.Ct.Crim. Nos. 345 & 346-1994.

944 F.Supp. 434 (1996)

GOVERNMENT OF the VIRGIN ISLANDS, Appellant, v. Zacchaeas BLAKE and Leon Nisbett, Appellees.

District Court, Virgin Islands, Appellate Division, D. St. Croix.

Decided October 18, 1996.

Attorney(s) appearing for the Case

Maureen Phelan Cormier, Asst. Atty. General, V.I. Department of Justice, St. Thomas, U.S.V.I. for Appellant.

Kathryn D. Slade, Territorial Public Defender, C'Sted, St. Croix, U.S.V.I., for Appellee Nisbett.

Michael A. Joseph, C'Sted, St. Croix, U.S.V.I., for Appellee Blake.

Before: THOMAS K. MOORE, Chief Judge, District Court of the Virgin Islands; RAYMOND L. FINCH, Judge of the District Court of the Virgin Islands, Division of St. Croix, Virgin Islands; and SORAYA DIASE, Judge of the Territorial Court of the Virgin Islands, St. Thomas Division, Virgin Islands, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

The issue examined in this opinion is whether the Territorial Court should have allowed the Government's interlocutory appeal of evidentiary rulings under V.I. CODE ANN. tit. 4, § 39(d). For the reasons stated herein, we find that the court erred in doing so and we dismiss the appeal for lack of jurisdiction.

FACTS

Appellees Blake and Nisbett were charged...

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