5 Virgin Islands opinions name it 1 courts 2013–2017 0 in the last five years
The cases below were cited by Virgin Islands courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Mark Davis v. Kenneth S. Apfel, Commissioner of Social Securitygreen2 sentences2013(Appellant’s Br. 15.) The People counter that the court did not abuse its discretion in denying Thomas’s motion for a mistrial because Detective Allen’s testimony “was not prejudicial and [Thomas] had an opportunity for cross examination.” (Appellee’s Br. 12.) The Superior Court held that the admission of Allen’s testimony did not violate the Confrontation Clause because (1) the court “was careful to limit Allen’s testimony to avoid the introduction of prejudicial information regarding [Thomas]’s prior crime,” (2) Thomas was not prevented from investigating the witness’s background and charact 2013Fontaine next argues that the Superior Court committed reversible error by denying his motion to strike Detective Allen’s testimony, claiming he “was effectively cut-off from cross examining Detective Allen on his testimony because to do so would have elicited or opened the door to elicit testimony regarding [Fontaine]’s prior criminal acts.” (Appellant’s Br. 13.) The People counter that the court did not abuse its discretion in denying Fontaine’s motion to strike Detective Allen’s testimony because his testimony “was not prejudicial and [Fontaine] had an opportunity for cross examination.” (A | 2 | 2 |
Latalladi v. Peoplegreen2 sentences2013(Appellant’s Br. 15.) The People counter that the court did not abuse its discretion in denying Thomas’s motion for a mistrial because Detective Allen’s testimony “was not prejudicial and [Thomas] had an opportunity for cross examination.” (Appellee’s Br. 12.) The Superior Court held that the admission of Allen’s testimony did not violate the Confrontation Clause because (1) the court “was careful to limit Allen’s testimony to avoid the introduction of prejudicial information regarding [Thomas]’s prior crime,” (2) Thomas was not prevented from investigating the witness’s background and charact 2013Fontaine next argues that the Superior Court committed reversible error by denying his motion to strike Detective Allen’s testimony, claiming he “was effectively cut-off from cross examining Detective Allen on his testimony because to do so would have elicited or opened the door to elicit testimony regarding [Fontaine]’s prior criminal acts.” (Appellant’s Br. 13.) The People counter that the court did not abuse its discretion in denying Fontaine’s motion to strike Detective Allen’s testimony because his testimony “was not prejudicial and [Fontaine] had an opportunity for cross examination.” (A | 2 | 2 |
Dana Commercial Credit Corp. v. Cukjatigreen1 sentence2017Ct. App. 2008) (concluding that the trial judge committed plain error in granting summary judgment on claims not asserted in a plaintiff’s complaint); Dana Commercial Credit Corp. v. Cukjati, 880 S.W.2d 612, 617 (Mo. Ct. App. 1994) (concluding that the trial court committed plain error by entering summary judgment against a defendant on a claim not pleaded against that defendant); cf. Martinez v. Colombian Emeralds, Inc., 51 V.I. 174, 191 (V.I. 2009) (concluding that the Superior Court committed reversible error by ruling on a motion to dismiss that was not properly before it). | 1 | 1 |
Martinez v. Colombian Emeralds, Inc.green1 sentence2017Ct. App. 2008) (concluding that the trial judge committed plain error in granting summary judgment on claims not asserted in a plaintiff’s complaint); Dana Commercial Credit Corp. v. Cukjati, 880 S.W.2d 612, 617 (Mo. Ct. App. 1994) (concluding that the trial court committed plain error by entering summary judgment against a defendant on a claim not pleaded against that defendant); cf. Martinez v. Colombian Emeralds, Inc., 51 V.I. 174, 191 (V.I. 2009) (concluding that the Superior Court committed reversible error by ruling on a motion to dismiss that was not properly before it). | 1 | 1 |
Christopher v. Peoplegreen1 sentence2014V.I.S.Ct.R. 4(h); see Christopher v. People, 57 V.I. 500, 512 (V.I. 2012). | 1 | 1 |
Government of the Virgin Islands v. Connorgreen1 sentence2014Gov’t of the V.I. v. Connor, 60 V.I. 597, 603 (V.I. 2014). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virgin Islands. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Banks v. International Rental & Leasing Corp.
green
1 sentence2014This Court, in a February 24, 2014 opinion, held that the Superior Court committed reversible error by treating the Restatements as binding authority notwithstanding this Court’s decisions in Banks v. International Rental & Leasing Corp., 55 V.I. 967 (V.I. 2011), Matthew v. Herman, 56 V.I. 674 (V.I. 2012), and their progeny, which held that 1 V.I.C. § 4 had been implicitly repealed and that the Superior Court, rather than mechanistically applying the Restatements, was required to independently ascertain the appropriate common law rule by applying the three-part analysis set forth in Banks. | 1 | 2014–2014 |
Matthew v. Herman
green
1 sentence2014This Court, in a February 24, 2014 opinion, held that the Superior Court committed reversible error by treating the Restatements as binding authority notwithstanding this Court’s decisions in Banks v. International Rental & Leasing Corp., 55 V.I. 967 (V.I. 2011), Matthew v. Herman, 56 V.I. 674 (V.I. 2012), and their progeny, which held that 1 V.I.C. § 4 had been implicitly repealed and that the Superior Court, rather than mechanistically applying the Restatements, was required to independently ascertain the appropriate common law rule by applying the three-part analysis set forth in Banks. | 1 | 2014–2014 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.