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GOVERNMENT OF VIRGIN ISLANDS v. VANTERPOOL

No. 13-4400.

767 F.3d 157 (2014)

GOVERNMENT OF the VIRGIN ISLANDS v. Earl A. VANTERPOOL, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed September 12, 2014.

Attorney(s) appearing for the Case

Kyle R. Waldner, Esq. , [argued], Quintairos, Prieto, Wood & Boyer, St. Thomas, VI, for Appellant.

Kimberley L. Salisbury, Esq. , [argued], Office of Attorney General of Virgin Islands, Department of Justice, St. Thomas, VI, for Appellee.

Before: RENDELL, FUENTES, GREENAWAY, JR., Circuit Judges.

OPINION

GREENAWAY, JR., Circuit Judge.

Earl Vanterpool was prosecuted and convicted under V.I.Code Ann. tit. 14, § 706(1) ("Section 706") for obsessive phone calls and faxes to his ex-girlfriend, Jacqueline Webster. On appeal, we are asked to consider three issues: (1) whether Section 706 is unconstitutional under the First Amendment; (2) whether Vanterpool has shown that his trial counsel's performance amounted to an ineffective assistance of counsel...

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