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SIMON v. GOVERNMENT OF THE VIRGIN ISLANDS

No. 09-3616.

679 F.3d 109 (2012)

Carl SIMON, Appellant v. GOVERNMENT OF THE VIRGIN ISLANDS.

United States Court of Appeals, Third Circuit.

Opinion filed: May 9, 2012.

As Amended May 16, 2012.

Attorney(s) appearing for the Case

Joseph A. DiRuzzo, III, Esquire (Argued), Fuerst Ittleman, Miami, FL, for Appellant.

Office of Attorney General of the Virgin Islands, Department of Justice, Tiffany V. Monrose, Esquire (Argued), St. Thomas, VI, for Appellee.

Before: FISHER, GREENAWAY, JR. and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

Carl Simon appeals the August 6, 2009 order of the Appellate Division of the District Court of the Virgin Islands, affirming the July 18, 2002 judgment of the Territorial Court of the Virgin Islands, denying post-conviction relief. For the reasons that follow, we will vacate the order of the Appellate Division and remand the case for further proceedings.

I. BACKGROUND

A. The Crime<...

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