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IN RE RICHARDS

No. 99-3234.

213 F.3d 773 (2000)

In re: Leroy RICHARDS Nominal Respondent, Hon. Ive A. Swan, Appellant

United States Court of Appeals, Third Circuit.

Filed May 31, 2000

Attorney(s) appearing for the Case

Leon A. Kendall (Argued), General Counsel, Territorial Court of the Virgin Islands, St. Thomas, United States Virgin Islands, for Appellant Ive A. Swan.

A. Jeffrey Weiss, A.J. Weiss & Associates, Charlotte Amalie, St. Thomas, United States Virgin Islands, for Appellee Leroy Richards.

Iver A. Stridiron, Attorney General, Pamela R. Tepper, Solicitor General, Maureen P. Cormier (Argued), Assistant Attorney General, Office of the Attorney General of the Virgin Islands, Department of Justice, Charlotte Amalie, St. Thomas United States Virgin Islands, for Appellee Government of the Virgin Islands.

Before: BECKER, Chief Judge, SCIRICA and GARTH, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

After the Government of the Virgin Islands had brought criminal charges in the Territorial Court of the Virgin Islands against Leroy Richards for sexual misconduct, the Attorney General attempted to exercise the traditional common law power of nolle prosequi and moved to dismiss. However, the Territorial Court, suspicious of the Government's motives, resisted and scheduled a hearing to explore further the...

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