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GOVERNMENT OF VIRGIN ISLANDS v. BLAKE

No. 96-7769.

118 F.3d 972 (1997)

GOVERNMENT OF THE VIRGIN ISLANDS, Appellant, v. Zacchaeas BLAKE; Leon Nisbett.

United States Court of Appeals, Third Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Alva A. Swan, Acting Attorney General, Paul L. Gimenez, Solicitor General, Maureen Phelan Cormier (Argued), Assistant Attorney General, Office of the Attorney General of the Virgin Islands, Department of Justice, Charlotte Amalie, St. Thomas, for Appellant.

Harold W. Willocks (Argued), Chief Territorial Public Defender, Kingshill, St. Croix, Kathryn D. Slade, Territorial Public Defender, Christiansted, St. Croix, for Appellee Nisbett.

Michael A. Joseph, Christiansted, St. Croix, for Appellee Blake.

Before: BECKER, ROTH and WEIS, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

This case requires us to interpret a Virgin Islands statute permitting the government to appeal, during a criminal trial, a ruling "involving a substantial and recurring question of law which requires appellate resolution." 4 V.I.C. § 39(d) (Supp.1996-1997). During the trial of defendants Zacchaeas Blake and Leon Nisbett, who were charged with third degree assault and possession of a firearm during a crime of...

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